
It was revealed back in late March that Xbox appeared to be getting close to approving the Activision Blizzard takeover in the UK, with the CMA explaining that it no longer had any concerns about Call of Duty and PlayStation.
As you might expect, Sony isn't very happy about that. In the company's response to the CMA, the decision was described as "surprising, unprecedented and irrational". Here's a sample from the intro and conclusion of the document:
"The CMA’s reversal of its position on its consoles theory of harm is surprising, unprecedented, and irrational. The Provisional Findings (“PFs”) assessed a significant body of evidence in the round to support its finding that Microsoft would have the ability and incentive to withhold Activision content, and that this would substantially lessen competition by foreclosing PlayStation."
"...In conclusion, SIE respectfully submits that the Addendum does not justify the CMA’s U-turn on the consoles theory of harm. The revised LTV model is vitiated by errors that bias the model to finding no incentive to Microsoft to foreclose. The Addendum jettisons, without sound reason, the PFs’ thorough analysis of other evidence establishing Microsoft’s incentives. And the Addendum’s partial foreclosure discussion is based on pure speculation, rather than evidence."
"To reach a robust decision, the CMA should revisit its analysis of Microsoft’s incentives and partial foreclosure, correcting for the errors identified in this paper."
The rest of the document goes into detail about why Sony believes the CMA has erroneously come to the decision that Xbox's takeover of Activision Blizzard won't harm the console market, offering 10 pages' worth of observations.
There's always the chance the CMA might reverse its decision, but it seems unlikely at this point. That said, Microsoft isn't over the line yet, as the UK regulator is still considering the takeover's impact on the cloud gaming market.
If you're interested in reading Sony's report, you'll find the full thing on the UK government website along with Microsoft's response to the findings - the latter of which were obviously welcomed!
What do you make of this? Let us know down in the comments section below.
[source gov.uk]
Comments 77
so they didnt find in our favour so they must be wrong argument yes thats always a winner
**sad violin noises**
I can't belive they managed 10 PAGES of "You Idiots, you were meant to find in our favour!"
MS is public about keeping these games multi platform so they have to accountability in the public and governments approving this.
I do t care either way, but if they do go through with the purchase, get the band back together for Project Gotham Racing remasters. Horizon is fun but it ain’t PGR
I read these stories and laugh so hard because I imagine Jim Ryan sobbing uncontrollably.
Sony really is that spoiled brat being told no for the first time
Poor Jimbo and has "exclusive" mindset for his peasants.
I hope they do withhold from you Sony after how you've behaved with this. Bet you wish you signed that 10 year deal now. Hopefully, the new deal hurts more, if there even is one.
Just like that knight in Monty Python and The Holy Grail, Sony does not know when to just give up.
Instead of saying "Sony misrepresented their case to regulators", they just changed their position on consoles quietly. Why is Sony trying to put a spotlight on that? CMA was the only regulator on Earth that actually believed Sony's representation for so long at all! (FTC isn't actually supporting Sony's position, they're supporting their own anti-big-tech agenda that happens to loosely intersect with Sony's but they're not even correctly using Sony's brief.) Cloud may have been a case, but PS never was.
"surprising, unprecedented and irrational"
Funny, because that describes almost everything Jim has done during his tenure perfectly.
@Tharsman 'Tis only a flesh wound
@Trmn8r Sony could still sign that deal couldn't they?
Just be done soon please, im tired of this being all the news constantly
This is getting embarrassing for Sony..
@Snake_V5 Yes, they could. They won't, though, I don't think Jim's ego will allow it. And they don't actually need to because I don't think MS has any intention of not continuing to sell it because it's A: Just good business, and B: Keeps their image shiny for future purchases and runs at regulators, and C: I think they intend to restructure how CoD is developed in general and move away from the yearly grist mill that was strangling ABK to begin with. The current annual release is what dragged ABK down to selling, along with their scandals, so it needs to be changed somehow in general.
@senote Neither Microsoft or Sony need each others permission to release a CoD competitor. I think Microsoft were just pointing out that fact that nothing was stopping them from doing it, not giving them permission to do so.
Just bought me a backbone one for gamepass so I would prefer this deal to be done quickly as well now as I'm quite liking the idea of playing diablo 4 in bed and on my breaks at work.
@Snake_V5 Hopefully MS pulled it after it wasn't signed. Sony deserves to sweat and feel the hurt more on it after the stunt they pulled.
Sony thinks its "unprecedented" that the government won't step in and help the market leader maintain its huge majority. Sony's whole argument has been a joke that just keeps getting worse.
They keep bringing up this hypothetical scenario that xbox might keep exclusive in game content for call of duty while sony is currently paying for exclusive content. What a world.
@senote Sadly I fear you are right there. I'd love to see something come along and give it a run for its money (non-exclusive, of course 🙂).
Well, that's a poser Sony.
@Stnkygrngo MS already own the IP rights for PGR, ActiBlizz never had them so this deal going through won't resurrect PGR. Sadly it ain't coming back mate.
Sony needs to sober up and understand that competition is on the way.
God Jim Ryan's Sony is pathetic.
There doesn't seem to be anything unexpected here. It seems to just be part of the process where the interested parties can respond to the provisional findings and contest anything that they don't agree with. Microsoft would have had the opportunity to contest any points if the findings were leading towards the other direction too, although not being an expert on these things I'm not sure if they will subsequently be able to respond to Sony's response.
I'm sorry Sony/Jim Ryan - but MS 'owning' A/B and A/B IP's - even if they did make them 'exclusive', it wouldn't be anti-competitive as it just makes Xbox 'stronger' to compete against a 'very' strong Sony.
CoD is NOT bigger than Spider-Man or Wolverine in terms of an IP and its global recognition. Owning A/B won't give Microsoft the vast majority of Games/Studios - so I, as well as EVERY Lawyer and Government body (even Japan) recognise that Sony is just looking out for its OWN interests and that it wouldn't be anti-competitive.
As I have said since day 1, MS isn't 'just' competing with Sony/Nintendo, but also with EA, Ubisoft, Take Two, Capcom, Sega etc - all have their own studios/IPs too to compete for customers leisure time. There are LOTS of Publishers still competing and wouldn't make MS the 'biggest' and 1000's of other Studio's making games so again can't monopolise or 'keep' the vast majority of games to themselves.
Sony can and does compete with their OWN IP's and VR experiences - just like Nintendo competes with its OWN IP's and Hybrid design - USP's to 'compete'. Sony would still own more 'IP's' after the deal so its not 'anti-competitive' it just makes MS 'more' competitive and Sony don't like a 'stiffer' competition and may actually have to be more 'consumer' friendly...
Such a disappointing decision. This was a great chance to try and slow the consolidation of the games industry, and it was a dud.
It's amazing that they would continue doing this after drawing so much unwanted attention to their own anti-consumer practices.
Old man yells at cloud. The azure cloud.
Sony does not actually believe that MS will take away CoD. That is one of the least likely scenarios. They don't want to:
NTM, their market position juxtaposed with their complaint made it absurd from the beginning.
Boo-frickity-hoo. I want my 60% market control retained with the power of lawyers. Best sign that CoD 10 year contract soon before they owe you exactly bubkus.
@senote Sony couldn’t make a CoD competitor even if they wanted to… They’ve tried, and have failed. They’ve also tried to make a Halo competitor, and failed.
i'm looking forward to trying diablo 4 on gamepass. maybe some crash banidcoot too. idk if much else interests me
@NEStalgia Well in my opinion I think once the 10 year deal has passed and if Microsoft have enough player and money with COD, they will probably pull COD from PlayStation because they don't need Sony money anymore. I think there just using that 10 years to give them 10 years of building all this up so they can now pull it from PlayStation, that's more than enough time to make it happen.
It's also better for Sony to accept the deal and make some money than decline the deal and make nothing at all, something is better than nothing afterall.
Too funny. Jim Ryan continues to make himself look like a fool with this purchase. Just about 3 weeks away from this deal being basically done.
I think Sony now need to dust off move forward and promote their games etc etc and move on.
No one likes a bad loser.
@senote “it's not impossible”
Tell that to all their failed attempts. Sony and multiplayer/live service simply don’t mix which is why they had to buy Bungie. Couldn’t create anything themselves, so had to buy their way into the market.
@Floki I'm hoping the irony in your comment is deliberate 🤣
Slamming the CMA in a 10 page document. Was there any slamming to the JFTC for approving of the acquisition?
the sony vs xbox is orchestrated here, sheesh lmao
@Kevw2006 I mean… That what companies do. Can’t make it yourself, buy it. I don’t fault anyone for doing it. Business is business.
Jim Ryan: the world's most entitled crybaby.
I really don't care where you want to play, or what you like to play, but we need to all agree that Jim really, really sucks.
Money talks sadly and the rich spoilt kid gets whatever he wants. He wants COD as his play thing and he has the money to make it happen.
The knock on effect of bethesda and activision no longer being third party hurts all of us gamers. Less games. So many IPs will be in a GPU calendar we will wait ages for the IPs will love. COD of course will come yearly.
Doom, Spyro, Wolfenstein, Crash and all the already dormant Xbox IPs are in the wilderness. The 4/5 game a year at best model on the GPU AAA calendar doesn’t have room for all these IPs.
So all the Xbox only crew clamouring for this. In reality you are getting some cheap old Activision games on game pass and a yearly COD. I’d rather pay and get new editions of games.
I say this as a GPU subscriber
I've asked this quite a few times now and I don't recall anyone ever answering but would people not expect Microsoft to try everything they could to stop the deal if it was the other way around. Going by the comments here I assume that everyone thinks that Microsoft should and would just sit aside and let it go through.
@Snake_V5 prediction: Sony fires Jim Ryan and signs
@Kevw2006 here’s your answer: yes
Any company will try to protect their interests. However any good company should be emotionally intelligent and after a decision has not gone their way act in a dignified manner and make business decisions based on what’s good for the company.
Sony Japan will be closely looking at this Sony America response….
@SplooshDmg That's really the litmus test as to if someone is a genuine PS fan, or if someone is just a corporate pony. Say Jim sucks on an xbox site and everyone agrees. Say Jim sucks on a PS site and 85% of everyone agrees.....there's that other 15% that doesn't actually care about PS history experience, they just like being on #TeamWinning. They'll explain why Jim's great!
@Dezzy70 Funny thing is the financial big wigs at Sony Japan moved on a while ago, with them boasting of their market share etc. It's just Jim's lackeys that keep beating the dead horse at SIE.
@Snake_V5 I do think they'd keep their options open at the time for what's the best outlook, but I don't think they would at this time have a specific strategy of pulling the series from PS in mind, either. 10 years is a generation away, and they don't really know what the hardware, software, and service landscape is going to look like by then. It's a period of change in the industry with cloud tech, Amazon getting into publishing, Apple with all their rumored plans, the tech overall changing where consoles are just mini-PCs, Switch proving power isn't everything ,etc, etc. I think 10 years is mostly just a rough "generation plus" time period to make guarantees and re-evaluate after. COULD they pull it from PS? Yes. But I don't think they have a plan to, just a plan to re-evaluate at the time. If much of the player base of the series is still on PS, PS is still dominant, and things haven't change a lot, I think they'd keep it. But by then the plan might be for CoD to go 100% F2P to keep up with Fortnite and Apex and it's own Warzone trend, and be on everything including phones, in which case it would definitely be on PS still, it would be a more Mojang-like business.
It will be interesting to see how it plays out compared to Bungie and Destiny 3 though. Eventually they will move on to 3. Will Sony try to keep that exclusive, even if MS is putting CoD on PS? Will it be a bartering chip to extend CoD contracts? This news story will just keep going for a decade, that's for sure!
@NEStalgia
I thought Sony Japan would have taken charge and told Jim and gang to stay out of it now.
Then again I remember Sega Japan Vs Sega American having a falling out and going different directions over the Mega drive 32x and releasing the Sega Saturn.
@Dezzy70 Yup, seems like Sony might be headed towards a situation like that, where both divisions are opposed to each other.
@JayJ
You would at the moment think they would need to unite and pull in the same direction, but this Sony we are talking about.
@NEStalgia Those 15% of people are on the side of a man who said, "Call of Duty gamers are passionate, knowledgeable and sophisticated." Those people need to take a long hard look in the mirror and decide if this guy really deserves love and admiration from any human being, or if it's time for him to just crawl back into the Earth and return to the kingdom of the lizard people.
@Dezzy70 Sony is too busy trying to their TVs and Mobile division afloat to worry about what Playstation is doing. Once it starts affecting their wallet then they'll tell Jim and his team to stay out of it.
@Total_Weirdo
Yes they do keep a fair amount of games off Xbox. Look at FF for a start.
Death loop and ghost wire for a year.
And probably Redfall if the purchase had not happened.
You could argue they sort of prodded Microsoft, so Microsoft went one stage further went we will buy the studios and that will stop that.
@AverageGamer
I always say how bad it is that Sony messed up their once mighty TV division and lost out to Samsung and LG.
2022 I bought and LGC2 65 and not a Sony, why?
Four HDMI 2:1 ports and all the Dolby atoms, vision, VRR and 120hz and not having to choose what features can run simultaneously.
Even this year 2023 Sony top OLED are only getting two HDMI 2:1 ports and one of them is earc port as well, that is piss poor form Sony.
@Shigurui but Activision purchased Bizarre Studios, so maybe this is one of those Rare/Nintendo situations?
@SplooshDmg LOL, there's a better quote from him I love:
"Sometimes I think we can be guilty of ascribing too much rationality to gamers"
-Jim Ryan
Actually I may have to make that an actual sig. It'll get the trolls out of the caves that's for sure, lol.
@Dezzy70 Yeah, I definitely see that Sega internal split happening at PS. Between the SGC bigwigs seeming to not care much about the merger, ignoring all the legal proceedings, and promoting their market strength openly, they don't seem to be too involved in the battle at all, and the whole VR debacle where Sony Japan seems to be the one creating it and pushing it and seemingly try to circumvent Jim's SIE in getting it through market while SIE seems content to bury it and pretend it doesn't exist, it absolutely seems like SGC and SIE are two enemies that seem to oppose each other more than SGC and MS do.
Also remember it was SGC that Microsoft/ABK set up a call with as soon as they announced the merger, not SIE. Everything at that point seemed amicable and professional. It could have been assumed they were using Jim as their meatshield to do the dirty work while their hands remain clean, but seeing as how they themselves keep undermining Jim's case, and are his superiors, it seems more like he's taken SIE rogue and isn't aligned with SGC too closely. But he's making money for now so they stay hands-off.
@JayJ That split really started happening when Ryan and Kodera started "globalising" (de-Japan-ifying) SCE. The line drawn in the sand between the old guard and the Jim loyalists was visible in the latter PS4 era, and that's how Layden got tossed out and Shu got boxed into indie outreach.
@NEStalgia
Being honest and not against Jim and not being a big head myself.
But off the back of the PS4 and what Sony studios had in development anyway who the hell could have not made money for Sony PlayStation since Jim’s been in power and the Covid thing and shortages made people want them more.
Now the next 4 to 5 years we shall see if Jim is any good or not.
PSVR2 not going great, probably only spider man 2 and a couple of third party exclusives deals this year for Sony. Forspoken flopped really. Not that great now.
They need to just stop. I have bought every playstation system as I do like the playstation exclusive. But this cry baby act is giving me pause about getting the next playstation system.
I have not gotten an xbox since the 360. Not because I hate xbox but since moving to PC as my main gaming system I don't need the system as Microsoft releases there exclusive day one on pc also (though I would like them to add rare replay and Halo 5 so that there isnt a missing entry on my steam account ).
@Dezzy70 plus he's hamstringing vr2. It was always nice but it's literally not even for sale anywhere with no advertising. How is it a good sales strategy to make a product, tell no one, and not distribute for sale? Unless he wants to kill it because it's not his vision...
Totally agreed. Success was handed to him. It's the next few years that matter for him. And this start isn't looking great.
@Stnkygrngo They did buy Bizarre Creations but the PGR rights never left MS. The studio no longer exists so the ball is fully in MS's court. Phil Spencer has said he'd like to do something with the IP but that was years ago. Unfortunately I doubt they will ever bring it back.
Sony: That's unprecedented and irrational.
MS: Sony you've already disrupted the gaming industry by signing exclusion deals against us in Japan
@NEStalgia
Off subject but it makes my Xbox brain hurt.
Only Xbox could manage to virtually zero its stock of series x solo consoles in the UK over the 4 day Easter holiday period across nearly every big store.
Even daft as Sony is they managed to good pretty good solo disc PS5 consoles in stock in time.
Of course there are a very good variety of switches in stock for over Easter holidays.
Beginning to wonder if Microsoft have some sales mental illness at the moment.
@Kaloudz
Off subject but it makes my Xbox brain hurt.
Only Xbox could manage to virtually zero its stock of series x solo consoles in the UK over the 4 day Easter holiday period across nearly every big store.
Even daft as Sony is they managed to good pretty good solo disc PS5 consoles in stock in time.
Of course there are a very good variety of switches in stock for over Easter holidays.
Beginning to wonder if Microsoft have some sales mental illness at the moment.
I'm sure if they put Spider-Man, God of War, and Rachet and Clank on Xbox, Microsoft might share a few of their games too
@Dezzy70
Here's a theory, maybe they are flying off the shelves and everyone in the UK already owns or doesn't want a PS5 or Switch?
ill state this again and even more so... IF SONY DONT SIGN A DEAL WITH MS, THEN MS SHOUD PUT NO GAMES ON SONY PLATFORM...
If the boot was on the other foot MS would be saying the exact same thing. Its all big corp posturing and a load of drama. Be glad when its over.
Industry is in an exciting place so much quality coming from indie devs, crossovers into TV and Film that are actually entertaining but this saga gets way more coverage.
Call me an old fuddy duddy but the drama is getting stale really quick. Be glad when its all over.
@Kaloudz
Only through relatives and a good friend.
I’m an operations project manager in the aerospace industry.
This is how hypocritical Sony can be regarding platform parity. Remember Hogwarts Legacy, Call of Duty, Spider-Man in third -party games, Ghostwire Tokyo, Deathloop, Final Fantasy... Well, Sony is terrified at the thought of someone else being as anti-competitive (dirty) as they are:
One of the ways Microsoft could choose to circumvent its obligations would be to release buggy Call of Duty games for PlayStation, Sony claimed.
“Swiftly detecting any diversions from, and ensuring compliance with, a commitment as to technical or graphical quality would be challenging,” it said. “For example, Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game’s final level or after later updates.
It added: “Even if Microsoft operated in good faith, it would be incentivised to support and prioritise development of the Xbox version of the game, such as by using its best engineers and more of its resources. There would be no practical way for the CMA (or SIE) to monitor how Microsoft chooses to allocate its resources and the quality/quantity of engineers it devotes to the PlayStation version of Call of Duty, to ensure that Sony would be treated fairly and equally."
Sony clearly doesn't know what's happening in their own industry.
"Third, Microsoft has nonetheless deployed Minecraft exclusivity where it suits its strategic interests. In particular, Microsoft has blocked Chrome OS’s access to Minecraft’s consumer edition, instead making available only Minecraft: Education Edition, a version intended for students and teachers (not consumers)."
Mojang announced Minecraft bedrock is available in early access for Chromebooks on March 15th and this statement is dated March 31st, they clearly refused to pay attention.
Unprecedented? Common now. How many game companies has Sony bought over the years and made exclusive. Does anyone really think Destiny 3 is gonna be on Xbox. LOL. Maybe in exchange for COD it will be.
@Kaloudz And the thing that is even more shocking is that Sony is worried about assumptions based on their own evilness.
@Kaloudz
Well series x solo is £450
Series x bundle with FH5 and dlc £475
So I guess it’s a bit cheaper overall a bit of a saving.
Quite literally the only people listening to Sony’s argument now are it’s fans, and even there some of the infamous hardcore ones are telling Sony to stop it now and take the L. I don’t think a single regulator is listening to their pathetic lies and arguments now. The deal is as good as done.
@senote just buy a PS5!! That works!!
@NEStalgia Hey I wanted to ask you, what setting for HDR on your PS5 do you have it set to? Do you set HDR to always on? Or, on only when supported?
@Snake_V5 Mine's set to always on, although that's partly because I use my PS4 as my streaming/remote play box for my older jrpg collection, so I only rarely run non-hdr games on PS5. If I did it more frequently, I'd probably go with only when supported because the always on can do weird things with some sdr games.
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