Its a precedent that they are clearly using for any and all deals in the future. The CMA would wield this precedent to move against anything else they don’t like, which seems to be foreign acquisitions.
Precedent plays a MASSIVE role in legal cases and power grabs. We’ve already seen experts all over the place state this.
My last hope is on EU’s decision, if they say no, it’s done. Otherwise, I believe MS would push as hard as they can.
Yeah, how much Microsoft fights is down to the EU/EC if they approve they’ll go full at it but if they block then that’s 3/3 blocks pretty much and they’ll most likely drop it but if they approve then they’ll probably fight full on, which has already been said many times.
It’s still a videogame deal that is hardly headline news in the UK, Far bigger was the UK blocking Huawei 5G roll out and I didn’t see you, saying the UK was finished over that. I bet the only reason the UK blocked Huawei from handling the major 5G rollout in the UK was that the USA wanted us too.
There was way better options than the MS pulling out of the UK altogether
It was China and there were national security concerns. It wasn’t based on a bunch of nascent market issues based on falsified data.
Florian says this. Don’t know if he is wrong or not. I believe the CAT can’t judge the merits of the case iirc.
https://twitter.com/AzureGamingHD/status/1652508563191857152?t=AAl7iveP8SkfU6JckPb-eA&s=19 https://twitter.com/FOSSpatents/status/1652510242444386307?t=I0cOUGOTJ7gkInC4RiO9KA&s=19 https://twitter.com/TooxiCreep/status/1652511114469728257?t=nzEUcUJSsk-JNji2a1PKKQ&s=19 https://twitter.com/FOSSpatents/status/1652511947881848838?t=x27lGCBBxZ5ybW-CrfZt0Q&s=19 https://twitter.com/FOSSpatents/status/1652518289472385025?t=yXrgfi_5gFfpc7pIDENsmA&s=19
So :
Even where applicants are successful, the CAT’s remedial powers are limited to setting aside the decision (in whole or in part) and, if appropriate, remitting the matter to the CMA.[6] The CAT cannot replace the CMA’s decision with its own.[7]
From Enterprise Act 2002 :
Hypothetical, if MS and ABK win their appeal and if the CAT set aside the Cloud argument in whole (like the console SLC had to be dropped by the CMA) and then remits the case to the CMA.
What happens ? Does the CMA still has ground to block even if they really want to ? Since the CMA decision is relying on a single SLC in this case.
Microsoft won’t leave Britain(they want their money), but they will reduce their investments, and invest somewhere else. Defense contracts and intelligence sharing and such is irrelevant in this situation. This is about global trade and how a rogue regulator from another country, especially an allied nation, mess with your nation’s companies and dictate how they operate in the GLOBAL stage. This go beyond video games, and if you read the CMA verdict, they are literally setting up precedents, multiple of them too, that allows them to essentially get you even when you only slightly grow in a particular market just because you are big, and they have no judiciary oversight to check them. They are also expanding that power, which will make businesses to think twice of investing there.
I don´t know man I am kinda jaded at this point. I see why they would keep fighting for this, despite having to invest more time, money and energy, but I just hope Xbox doesn´t lose sight of the current generation and the short term.
That’s why this case is very unique. Single SLC in a very small market of the whole deal. The CMA’s decision was disproportionate.
Not to mention how they came to their conclusions, I was watching the podcast last night and they said it seemed like they made their decision to block and then worked backwards to support that decision instead of the other way around, I completely agree
So much of that final report seemed wrong, not subjectively “oh well this might happen” but literally objectively wrong to the point where they are either completely incompetent or just threw whatever they could out there to stop it no matter how dumb, like the FTC did
Although that shouldn’t be surprising considering they already messed up so badly on the console slc numbers
Do we know if we get to see any of MS responses to that final report like the way they responded to the others previously? With this going to CAT I’m unsure of the process now but I really want to see how badly they rip the CMAs claims apart
The CMA could not stop a private sale happening, right?
Might be an avenue in the future. Which videogame companies are privately owned? Bethesda was.
Don’t know if they can stop private purchases but there aren’t much, if any big private publishers left
Clearly the CMA pathetic ruling was not helpful right now to say the least, but the only real thing that matters next is whether the EU approves the deal by May 22nd. I think it would be pretty obvious that even Microsoft would know this is dead if somehow the EU denies, but if they approve then I absolutely think that an isolated CMA and an FTC that would lose in court anyway if they choose to continue provides a path to closing of this deal that Microsoft is clearly invested in trying to get done for both videogame ambitions and now wider corporate ambitions given the garbage rationale and ruling by the CMA here.
From this deal, I’ve become a big fan of Foss Patents and Brad Smith. However, Pachter will always be bae
Don’t follow Foss much, but I don’t think it’s cool of him to use schizophrenic in a title like that
Theres now a CMA parody twitter account
That is golden.
