Microsoft-Activision-Blizzard Discussion Thread |OT3| - Sony bends the knee!

[DixieDean82]

@AllianceOfficer

I was just sent this CAT Tribunal update on judicial review from last month.

It seems to imply that CAT will stand by the CMA on all decision and refuse to review any substance even if the CMA is irrational and unreasonable. It implies the CMA as long as it follows procedure could not possible produce a mistake because they try hard and are trustworthy (lol).

Lol, if they hold that stance then there will be a big league standoff and exit of some kind because thats not an acceptable level of oversight or even following their own law as outlined regarding irrationality. Theres just no operating a business if one ideologic entity controls the entire future of your company.

That’s why most feel the deal is dead.

[AllianceOfficer]

@DixieDean82

That’s why most feel the deal is dead.

Its why businesses think the UK is closed for business as well.

[GamepadX]

@DixieDean82

That’s why most feel the deal is dead.

Read the room. That’s not how most people feel. The deal is soon to be approved from every country except 1. Most people think this deal will go through right now. One way or another this deal is going to happen. The CMA really only has the power to harm UK gamers at this point, which is unfortunate, but that’s thier prerogative if that’s what they want.

[proelitedota (Andrew)]

@AllianceOfficer

I was just sent this CAT Tribunal update on judicial review from last month.

It seems to imply that CAT will stand by the CMA on all decision and refuse to review any substance even if the CMA is irrational and unreasonable. It implies the CMA as long as it follows procedure could not possible produce a mistake because they try hard and are trustworthy (lol).

Lol, if they hold that stance then there will be a big league standoff and exit of some kind because thats not an acceptable level of oversight or even following their own law as outlined regarding irrationality. Theres just no operating a business if one ideologic entity controls the entire future of your company.

I am reading this. Is this just a discussion on the current dynamics between CMA and CAT. I don’t see any updates in how the CAT will operate from now on.

[LeeLayfield (Lee)]

Now I’m know genius but I know when things are boiling up and it’s time to escape or ask for forgiveness.

Looking at the CMA response to the EC, MS/ATI clear determination and lawyer gathering, Public opinion, the government grilling the CMA yesterday & how politicians at all levels are commenting on this. We are most certainly at the point where the adult is shouting the child’s full name loud and clear. The child is now in freak out mode knowing the entire family is not impressed and wants an explanation.

Something tells me this isn’t going to be a 18 month case by any means. I’ll through myself in a September 2023 group

[Zappy5]

@Haven

… I think the govt has taken some steps that the CMA should be aware of. The steering of the CMA at this time announced on a Microsoft website should have enough and then that grilling at the parliament was another one where Sarah Cardell made it clear there was no waiver in place when she visited the FTC chair. I would surmise at this point if that grilling wasn’t for show that Mrs. Cardell is probably now discussing how to reverse the decision. She certainly seemed shook at that hearing. Who knows if she really allowed Mrs. Khan to influence the CMA decision, they’ll be doing their best to stop it from ever going public. All that is needed is a whistle blower. This deal just might close this year maybe even at the expected date.

I watch plenty of parliamentary hearings and that is nothing out of this he ordinary - nothing will happen off the back of that and I thought she was pretty calm to be honest.

It’s pretty obvious they colluded with the FTC but not convinced someone will push this. We will see.

[commanderbuck]

@LeeLayfield

…Now I’m know genius but I know when things are boiling up and it’s time to escape or ask for forgiveness. Looking at the CMA response to the EC, MS/ATI clear determination and lawyer gathering, Public opinion, the government grilling the CMA yesterday & how politicians at all levels are commenting on this. We are most certainly at the point where the adult is shouting the child’s full name loud and clear. The child is now in freak out mode knowing the entire family is not impressed and wants an explanation. Something tells me this isn’t going to be a 18 month case by any means. I’ll through myself in a September 2023 group

I’m in the Jan 2024 group but I do agree that the CMA is feeling some pressure. I’m really curious about their communications with the FTC.

[Zappy5]

@AllianceOfficer

I was just sent this CAT Tribunal update on judicial review from last month.

It seems to imply that CAT will stand by the CMA on all decision and refuse to review any substance even if the CMA is irrational and unreasonable. It implies the CMA as long as it follows procedure could not possible produce a mistake because they try hard and are trustworthy (lol).

Lol, if they hold that stance then there will be a big league standoff and exit of some kind because thats not an acceptable level of oversight or even following their own law as outlined regarding irrationality. Theres just no operating a business if one ideologic entity controls the entire future of your company.

This is a court. They have a legal remit. This is what I’ve been saying for ages. The CAT can’t just do what they like. We are talking legal thresholds and the CMA have huge headroom here.

Saying their logic is wrong or doesn’t make sense is not going to cut it.

[AllianceOfficer]

@Zappy5

This is a court. They have a legal remit. This is what I’ve been saying for ages. The CAT can’t just do what they like. We are talking legal thresholds and the CMA have huge headroom here.

Saying their logic is wrong or doesn’t make sense is not going to cut it.

They clearly have legal purview defined in both the Competition Act of 1998 revised in 2023 and Enterprise Act of 2002 revised in 2022, overview rationale including the rationale of the substance in the cases that the CMA brings.

If they do not exercise that it is based off prior precedent (somewhat ridiculous as there are only 7 cases and a relevant history of 2 years post Brexit with 2 cases.) and personal viewpoints. I cant pretend to know either, but reading their public statements about judicial review of cma cases for mergers it seems they don’t care to take on any review outside procedure.

[EPC]

The post of the ministry of Finance is very funny. He push CMA to be rational for economic growth. He also say that Google and MS want to invest because the regulators in UK are independent.

Come on, relations with Big Tech will become very hard after refusal, economic growth plan for the gvt or not.

[BananaBox39 (Ivan)]

I honestly think CMA is screwed because, and I don’t think it is good, the thing blew up in a political matter. They are going to be pressured to change its stance at some capacity, which will not be good looking for them. In the end of the day, they are getting the heat they deserve for acting dumb and being stubborn.

[strawman]

@nrXic

I sort of dislike how the narrative going forward may be, “stop getting in the way of these companies making money” instead of “your analysis & judgment was completely flawed”

Everyone knows the CMA block was unjustified with no theory of harm in sight. CMA overreached and the UK officials are justifiably now afraid CMA’s rampant actions will scare away foreign investment as international companies want to minimize uncertainty in their operations.

The CMA “wants to see itself as a global leader in regulation” but as a EU citizen I definitely do not want a biased british panel to represent my consumer interests.

[AtticusFincher]

It’s going to come down to the “restrictions” the CAT puts on what and how the CMA can consider in this new review. They can’t leave any wiggle room because imo the CMA has already told the world they’re blocking the deal with how they responded to the EC verdict. If I’m Microsoft I contemplate taking a structural remedy option. Win the appeal and then take what you can get. Standing firm and hoping the group that’s used faulty math twice to justify blocking the deal will come to its senses this time around is just going to lead to the same goofy ass outcome I’m afraid.

[AllianceOfficer]

Hammering home the invest in Europe message. Probably not entirely related, but messaged to somewhat target Europe and investing.

Brad Smith

[EPC]

Before Brexit, UK was a destination for large investment in tech. This has slow down, but still UK, especially London was seen as a more friendly ecosystem compared to Europe. If this belief fells, then there are less incentives to invest in a country with a difficult access to mainland and a hostile CMA.

[AllianceOfficer]

I’m not sure if the CMA is listening, but there’s a very clear message coming from UK politicians and policy makers. The role of regulatory in their minds is to secure economic benefit for the UK and to use their currently granted independence of securing the bag. Sure there are cases where they should use their powers to prevent major issues, but its mostly about securing investment and benefit.

Pretty different than what the CMA views their role as.

[Deus (Encyclopaedia Ludica)]

Simon Jack

Florian Mueller

[proelitedota (Andrew)]

@AllianceOfficer

Pretty different than what the CMA views their role as.

They view their role as an academic exercise.

[EPC]

Regulators should be here to prevent the economic landfield to be a jungle. Now, everybody has its own definition of a jungle.

[AllianceOfficer]

@EPC

Regulators should be here to prevent the economic landfield to be a jungle. Now, everybody has its own definition of a jungle.

Jungles are pretty good examples of ecosystems that support the large and the small, what’s wrong with them.

/s