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Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
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Elios83

Member

“Both a temporary restraining order and a preliminary injunction are necessary because Microsoft and Activision have represented that they may consummate the Proposed Acquisition at any time without any further notice to the Commission,” the FTC’s court filing said.

“We welcome the opportunity to present our case in federal court,” Brad Smith, Microsoft’s president, said in a statement. “We believe accelerating the legal process in the U.S. will ultimately bring more choice and competition to the market.”
 
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“Both a temporary restraining order and a preliminary injunction are necessary because Microsoft and Activision have represented that they may consummate the Proposed Acquisition at any time without any further notice to the Commission,” the FTC’s court filing said.

“We welcome the opportunity to present our case in federal court,” Brad Smith, Microsoft’s president, said in a statement. “We believe accelerating the legal process in the U.S. will ultimately bring more choice and competition to the market.”
fuck.... hopefully this is it over
 

Bernoulli

M2 slut

heath ledger joker GIF
 

Bojanglez

The Amiga Brotherhood
Can anyone actually clarify for sure what is in the deal regarding the regulator approval?

It seems in here people are suggesting it's either...
  • MS can only close once all 4 have approved (otherwise ABK get 3 billion)
  • MS can close when they want, but take on any liability (ABK shareholders get their full money regardless)
If I was an ABK shareholder and MS could just close, presumably if the contracts is the former, then I could take legal action claiming that given the state of the company now, I may have been able to either negotiate a better rate with MS for an extension, or bank the £3B and be potentially make money from future dividends or sale gains from another acquisition in the future.

Would be interesting to know how it's phrased in the agreement.
 
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Ogbert

Member
Can anyone actually clarify for sure what is in the deal regarding the regulator approval?

It seems in here people are suggesting it's either...
  • MS can only close once all 4 have approved (otherwise ABK get 3 billion)
  • MS can close when they want, but take on any liability (ABK shareholders get their full money regardless)
If I was an ABK shareholder and MS could just close, presumably if the contracts is the former, then I could take legal action claiming that given the state of the company now, I may have been able to either negotiate a better rate with MS for an extension, or bank the £3B and be potentially make money from future dividends or sale gains from another acquisition in the future.

Would be interesting to know how it's phrases in the agreement.
I’ll save you the suspense.

No one has a clue.

There’s obviously something afoot.
 

freefornow

Gold Member

From the article:

"Microsoft and Activision Blizzard have represented in the past that they cannot close their deal due to antitrust reviews of the transaction in other jurisdictions. Microsoft and Activision have not provided assurances that they will maintain that position. In light of that, and public reporting that Microsoft and Activision Blizzard are considering closing their deal imminently, we have filed a request for a temporary restraining order to prevent them from closing while review continues"

FTC needs to get off twitter. Judge will laugh at this.
Lulu meme tweet incoming.
 
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Bernoulli

M2 slut
From the article:

"Microsoft and Activision Blizzard have represented in the past that they cannot close their deal due to antitrust reviews of the transaction in other jurisdictions. Microsoft and Activision have not provided assurances that they will maintain that position. In light of that, and public reporting that Microsoft and Activision Blizzard are considering closing their deal imminently, we have filed a request for a temporary restraining order to prevent them from closing while review continues"

FTC needs to get off twitter. Judge will laugh at this.
Lulu meme tweet incoming.
If FTC used twitter as an indicator they are cooked
 

Bernoulli

M2 slut
The complaint is 38 pages long.

Highlights from it:

Plaintiff (the FTC) seeks this provisional relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b). Both a temporary restraining order and a preliminary injunction are necessary because Microsoft and Activision have represented that they may consummate the Proposed Acquisition at any time REDACTED
without any further notice to the Commission. (Page 2)

An evidentiary hearing in that proceeding will begin in just seven weeks, on August 2, 2023. Fact discovery in the administrative proceeding has closed, expert reports have been served, and final witness lists and exhibit lists have been exchanged. The parties have scheduled expert depositions through the end of June, and motions in limine and pretrial briefs are due in July (Page 2).

Until recently, Defendants indicated that they would not complete the Proposed Acquisition unless and until they received clearance from European regulators, including in proceedings before this Court in a private case challenging the Proposed Acquisition. (Page 3)

On May 24, REDACTED. Press reports began circulating suggesting that Defendants were seriously contemplating closing the Proposed
Acquisition despite the pending administrative litigation and the CMA Orders. REDACTED (Page 3)

Plaintiff's request for a temporary restraining order is the subject of a separate emergency motion, in which Plaintiff asks the Court to enter—before 8:59 p.m. Pacific Time on June 15, 2023—an order prohibiting Defendants from consummating the Proposed Acquisition or a substantially similar acquisition until after this Court rules on the FTC's request for a preliminary injunction (Page 3)

Unless temporarily restrained and preliminarily enjoined by this Court, Defendants have represented that they that they may consummate the Proposed Acquisition at any time after June 15, 2023. (Page 10)
 

IFireflyl

Gold Member
Can anyone actually clarify for sure what is in the deal regarding the regulator approval?

It seems in here people are suggesting it's either...
  • MS can only close once all 4 have approved (otherwise ABK get 3 billion)
  • MS can close when they want, but take on any liability (ABK shareholders get their full money regardless)
If I was an ABK shareholder and MS could just close, presumably if the contracts is the former, then I could take legal action claiming that given the state of the company now, I may have been able to either negotiate a better rate with MS for an extension, or bank the £3B and be potentially make money from future dividends or sale gains from another acquisition in the future.

Would be interesting to know how it's phrased in the agreement.

Don't listen to Ogbert Ogbert . If any of the regulators blocks the acquisition it's game over. That is according to the SEC filing. The only way around this would be for Activision and Microsoft to come to an agreement to modify/amend the original SEC submission to ignore whichever (non-U.S.) regulator they want to circumvent. The odds of that happening are almost zero, especially considering that the U.K. is Microsoft's second-largest market.
 

GHG

Gold Member
They want the process accelerated in the US because of the fact that the timeline in the UK is unsuitable.

So what Microsoft are hoping for is a resolution with the FTC and that gives them ammo with which to both persuade Activision to extend and with which to attack the CAT/CMA case.
 

bxrz

Member
Can anyone actually clarify for sure what is in the deal regarding the regulator approval?

It seems in here people are suggesting it's either...
  • MS can only close once all 4 have approved (otherwise ABK get 3 billion)
  • MS can close when they want, but take on any liability (ABK shareholders get their full money regardless)
If I was an ABK shareholder and MS could just close, presumably if the contracts is the former, then I could take legal action claiming that given the state of the company now, I may have been able to either negotiate a better rate with MS for an extension, or bank the £3B and be potentially make money from future dividends or sale gains from another acquisition in the future.

Would be interesting to know how it's phrased in the agreement.
Its now an official court case. A federal judge will make the decision in the US. Nobody really knows whats going to happen until thats settled, and quickly because MS doesn't want to wait until July 18th
 

Kilau

Gold Member
They want the process accelerated in the US because of the fact that the timeline in the UK is unsuitable.

So what Microsoft are hoping for is a resolution with the FTC and that gives them ammo with which to both persuade Activision to extend and with which to attack the CAT/CMA case.
Is this something that a judge could rule on this week? If the judge rules against block is the case over for the FTC?
 

Bernoulli

M2 slut
Bobby's public reasonings for wanting the deal to go through sure are something:

OfBM2Eo.jpg


The workers, the savings/pensions, America good foreign companies bad.

Season 2 Love GIF by LoveIslandUSA
With point 4 i really hope Sony stops making deals for COD
Lose money but make them lose more
 

GHG

Gold Member
Is this something that a judge could rule on this week? If the judge rules against block is the case over for the FTC?

No, the FTC can still press on with their scheduled dates for August.

What they are asking for at the moment is something to ensure Microsoft and Activision don't attempt to close the deal in the meantime over their (and possibly the CMA's) heads.
 

GHG

Gold Member
Phil sticking with the "it's for King, we promise" narrative:




Also "still learning". Let's see if anyone catches the Freudian slip.
 
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Elios83

Member
They want the process accelerated in the US because of the fact that the timeline in the UK is unsuitable.

So what Microsoft are hoping for is a resolution with the FTC and that gives them ammo with which to both persuade Activision to extend and with which to attack the CAT/CMA case.

FTC is unlikely to settle with them in the near future.
If I've understood correctly the point is that relatively to the US market this is the only possibility to effectively and legally block the deal from happening in the US in the near future and support the CMA.
FTC will still have their review of the case in their court/tribunal regardless if they're granted the preliminary injunction or not.
If they win they can legally block the deal in the US, if they lose it's pretty much the same situation as it is now.
 

Kilau

Gold Member
No, the FTC can still press on with their scheduled dates for August.

What they are asking for at the moment is something to ensure Microsoft and Activision don't attempt to close the deal in the meantime over their (and possibly the CMA's) heads.
So this just moves things ahead by getting the block sooner?
 

Bernoulli

M2 slut
So this just moves things ahead by getting the block sooner?
The US judge will have 2 weeks to decide if they accept or not
That means by end of june we will know the FTC outcome
Microsoft wants to use this to keep Activision and make them extend
 

Banjo64

cumsessed
Yes
That dumbass lukaku screwed inter 😑 😖
But congratulations to city They deserve the win
Interesting facts about Lukaku.

1. his total transfer fees add up to €327m
2. united spent £75m plus Rooney on him
3. if he played for the CMA’s defence team we’d be fucked
4. he’s shit

put in a great block at the weekend, played better for City’s defence than Akanji did.
 
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