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It's been a crazy week, with all kinds of stories coming out of the highly publicised FTC hearing, but it's finally over!
If you weren't aware, the FTC and Microsoft have been in court regarding the FTC's request for a preliminary injunction, requesting more time to make a decision on whether to approve Microsoft's takeover of Activision Blizzard.
There's no official word on when a verdict might be reached, but IGN's report on the hearing mentions that we could potentially be looking at next Wednesday as the earliest possible date. Here's what the outlet says:
"We know both parties have paperwork deadlines at end of day on Friday the 30th, and at noon on Monday, July 3. Tuesday the 4th is a holiday. For those reasons, it's possible to expect a decision as soon as Wednesday, but it may take longer."
Judge Corley promised to "do her best" in coming to a verdict, describing it as a "hard" decision to make.
If the injunction ends up being granted, it'll cause some pretty big headaches for Microsoft - with the deadline for the Activision Blizzard takeover currently set as July 18th, 2023.
The FTC has an in-house hearing scheduled for August 2nd, and requested the injunction (along with a restraining order) due to concerns that Microsoft and Activision Blizzard might have been trying to merge prior to that date.
Do you think the judge will grant the injunction? Let us know your thoughts in the comments below.
[source ign.com]
Comments 51
@BBB maybe tomorrow.
@BBB getting tiresome isnt it? Cant fault the site its dominated gaming news over the last two weeks in general. Its a shame but they do right reporting it.
I really hope Xbox keeps getting more studios like sega and Ubisoft because the catalog will be amazing and Sony rather us pay 80 a game no matter how buggy or mediocre it is
@BBB Please God, make it stop.
Whatever the decision of the judge, I will back her. Throughout the whole process she seemed a very intelligent lady, and seemed switched on and asking alot of the right questions. She seemed to have a fairly decent understanding of the industry, more so than alot of the lawyers.
Iv made a point of keeping off PX and PS this last week as its been toxic from all sides. Il be taking another break until the decision, just wanted to give my thoughts on the Judge.
Approve or deny the motion, il back her decision 100%. Now we wait.
Here is the only fact I know: whoever wins this case - fanatics from both sides will gloat to the other one as if they have won some grand prize - even though they take part in nothing of consequential value. Even though Sony, Microsoft and Activision only value their miserable lives in the number of units they can sell to you as an faceless organism.
@BBB and then Jim Ryan will issue a statement while wearing a Halo t-shirt and the internet will implode.
@Cashews That's a lie! Only Sony values you only for how many units they can sell you! Microsoft values your engagement metrics instead.
The judge practically already said there is no “imminent or irreparable damages” when she told the FTC that not only did MS agree on keeping the game on PlayStation, but also there is already a deal with Sony for this years CoD so it’s impossible for MS to do anything right now to hurt Sony or the industry.
Keep in mind the only reason they can provide a temporary injunction is if the FTC can prove “imminent and irreparable damages”.
This does not mean the news are over, MS gets to close the deal, but should FTC manage to prove a case (all the way to the Supreme Court, incredibly unlikely) they can force MS to sell or spin-off ABK back into independence, even if it’s at a loss.
@NEStalgia I used Bing today to earn reward points.
I AM A PART OF YOU MICROSOFT
MS should win this hands down. They absolutely chewed up the FTC in this trial. All the FTC had is hypotheticals.
And I am well aware of both Kotick and Spencer’s statements about how the deal is dead if this injunction succeeds. I don’t buy that for a second, especially after how easily they slapped down the FTC in this case. If by chance the judge deems the FTC deserves the extra time for the trial before allowing MS to close, I see MS and Activision sticking with the case. They will renegotiate an extension and fight the FTC in federal court. I don’t see either being willing to walk away at this point. Suggesting as such was just pure theatrics in my book. We’ll see…
@Cashews sent from my Apple iPhone
@Moonglow no extra cost? seriously? They are literally raising the extra cost TOMORROW.
@Jaxx420 is PX right to report every little thing to do with the ABK acquisition? I don't think so. They're a small team with finite time and resources, and I think that the general games coverage on the site is suffering because such an emphasis is being put on all things ABK.
And that's on top of the ongoing issue of every other article usually being related to what's coming to Game Pass, what's leaving Game Pass, speculating what could be leaving Game Pass on any given day, asking what our favourite Game Pass game was every month, or other general fluff pieces sometimes but not always related to Game Pass.
Previews, reviews and opinion pieces are already rare round these parts compared to the sorts of things I mentioned above, and multiple ABK-related articles a day aren't helping.
So with the CAT being very annoyed with the CMA abd their blatant attempt at stalling this deal out of existence will the deal be in a closable state of the judge rules in favour of Xbox here? They can just close and move forward?
Honestly after watching this closely I want more info or for it to just be done. MS has made a major set of changes in order to make this work and I am a full supporting partner. Seeing it tho showed their vulnerability, so I decided to actually use the cloud services for streaming more to really see how I feel about it.
From everything I’ve seen online the FTC’s main argument has been to protect Sony instead of the consumer. I’m not going to take anything for granted after the CMA decision and not knowing all of the details.
@Kaloudz Very useful link, thank buddy!
It is an interesting and informative reading, tbh.
@Krzzystuff
Not only will it be closable, you can bet MS will do so literally immediately. I expect within a day or two tops of receiving the verdict.
@Cashews
I’m gonna go out on a limb and edit his comment for him.
“Thats not true. Xbox consumers DO get a direct return from acquisitions. The studio/publisher games are all added (at very very little additional cost) to Game Pass, how am I not getting something from this?”
There, fixed it. And speaking for myself now:
I get all of EA Play’s games, Bethesda/ZeniMax’s catalog, and now possibly ABK’s catalog. Not to mention all new games from the latter 2 and we have seen a single 2 dollar a month price hike since all those were added. Yeah, I’m good.
I think going by the judges language she will grant the FTC their extension. Just a feeling.
@Kaloudz not sure if you have seen this but the CAT have refused the cma request to delay things until october..CAT said: "We consider that the CMA has not paid sufficient heed to the true public interest in this case – which is the swift resolution of Microsoft's Notice."
@Krzzystuff The CAT aren't annoyed with anyone? They are not allowed to be. Why do you lot read things that aren't there? All they will do is handle the appeal that's it, not stamp their feet and protest how annoyed they are with the CMA.
I hope this whole debacle doesn't put xbox off feom acquiring more studios/publishers. Even with activision bought they will be in third place, and should be allowed to purchase more for better competition. Really hoping for a Japanese publisher like Capcom or Fromsoftware. Sony will be buying square Enix soon.
@Kaloudz the best thing I seen was the judge asking where they (FTC) got a 20% figure from repeatedly and it seems like they just pulled it out of their arse 🤣 I think regarding the consoles, Xbox are clear, it’s just the cloud stuff the judge may think about but even then she’s already admitted Xbox have made contracts and concessions in that area. Like I’ve said after the CMA decision I won’t take anything for granted.
Best part for me was the judge saying
Is not the harm to Sony that we care about is the harm to the consumer!
@Kaloudz Judge Corley: What do you say though to Mr. Ryan who said that Star-whatever [Starfield] there was nothing anti-competitive about Microsoft making that exclusive. Under what you just said to me, that is anti-competitive
FTC: I don’t know the basis for why Mr. Ryan was less upset about that one than Call of Duty
Judge Corley: Because he does the same thing
From the article you linked, ooof. 😂 the judge seems to understand the market way more than the FTC, which is bizarre.
Maybe next week we get a answer on this whole mess and then maybe there will be a media blackout of any and all things ABK for 1 year.
@Moonglow I know that a conservative half a billion per year via the $2 price increase was set to offset the acquisition cost of Blizzard. The cash reserves are important to MS and they will build them back up any way they can. Core business, price increases, etc.
It doesn't hurt me at all. I just don't hand out money to corporations if I can help it. I get some people are perfectly comfortable in dropping trou and letting whomever penetrate their wallets - but it has never been my personal modus operandi.
@Kaloudz 62% of playstation gamers don’t play COD I believe was the figure.
@Fenbops @Kaloudz Heck, I wonder if 38% is an active metric or a long term one? I'm probably in the metric because that one time a few years ago they gave a CoD out for free and I played campaign for like 2 hours because Xbox services were down and I couldn't start games
The only console I ever played a whole COD on is the WiiU though Campaign only, of course.
Thank f*ck this entire thing is over. I'm hoping the deal goes through so I can finally play all of the COD campaigns and Crash Bandicoot on Game Pass.
You guys should read the full IGN report linked above.
It looks like Microsoft's lawyers have done a much better job than the FTC's. But Microsoft is fighting an uphill battle. The judge is not deliberating on whether the deal should be blocked or not, but on if FTC needs more time to rule. And the judge could easily agree with FTC on that even if their lawyers did not make a good case against the deal.
@Markatron84 You misunderstood me I think.
I said it was dominating the gaming media at the moment which is a shame. I said they do right reporting it so those here can see the gist of what is going on I didnt say it was right to be in nearly every single article.
I too hate that as it just fills comments threads with fanboy nonsense both on here and the other site, which it appears to have done in this thread yet again sadly.
I am so f***ing bored of this now. I bet the lawyers are loving this.
If it doesn't happen then I'm fairly certain that Xbox will go scorched Earth on this and buy Sega, Konami and Capcom.
@Moonglow You need to listen to what the judge said. It is in no way guaranteed the judge won’t vote in favour of the FTC.
@Magabro One factor in favor, is that the judge is aware that the FTC waited to the last minute making obvious they're gaming the system getting the deal blocked by simply stalling it until it expires. "We didn't prepare therefore we need more time, and what a coincidence if granted more time it means we automatically win by default" is the kind of thing that works with some judges and flips others off. Which it will be in this case we don't know. using the judge for the pi hearing as a means of skipping the full trial is something that will no doubt play into the decision. Still could go either way though.
@Magabro
This trial was about the FTC getting an injunction to stop the deal. When MS wins, they will be able to close. The FTC can still sue to stop the deal in federal court, but they likely will fold if they lose
I don't personally see this going against Microsoft as a.disaster. If anything perhaps will mean Microsoft pursuing the likes of Sega, Ubisoft, CDPR perhaps even Kadokawa... It wouldn't be all bad.
@__jamiie
Xbox will go scorched Earth on this and buy Sega, Konami and Capcom
While not at all guaranteed, those wouldn't be terrible choices for GamePass content 😉.
Xbox should by the Stalker developers next imo.
@Solidchief Several on here such as yourself are making a mistake. Sadly this weeks hearing was only about the FTC being given an extension to review the merger, the whole merger is far from over currently. So lots more news to come.
@S1ayeR74 If that's the case thanks for letting me know, I've been mainly ignoring this entire thing.
I would be very surprised if Microsoft don't win this appeal.
@Cashews bet it will go up again if this goes through, would be a great excuse for the price to go up. . .
@LordFunkalot it 100% will go up again within a year. Then we will go through the entire "I'M SUPER RICH WHAT IS ANOTHER 3 DOLLARS TO ME THE SERVICE IS EXCELLENT I LOVE MICROSOFT" song and dance again.
Get people addicted or feeling fomo- start raising prices. That is the subscription model across all media.
As a Manchester United supporter, it’s hard to tell which incredibly tedious and long drawn out takeover saga is the most mind numbing now.
@S1ayeR74 After following the trial closely, I felt the exact opposite. Judge Corley cut the FTC off at times and was very annoyed with some of their answers.
Even though this is just a TO to delay Microsoft closing the deal, the burden of proof is still on the FTC to prove their case. This the exact same scenario that the FTC found themselves in earlier this year with Meta, they lose that, so no TO, Meta quickly closed their merger.
"WASHINGTON, Feb 10 (Reuters) - The U.S. Federal Trade Commission, which lost a fight in court over whether Facebook parent Meta Platforms Inc (META.O) could buy VR content maker Within, has decided to withdraw the matter from its in-house adjudication, which was to begin on Monday.
An FTC administrative law judge had scheduled a hearing for the matter for next week, which will now be cancelled. "
I can't wait for Microsoft to win this and game pass going up to $30 a month.
@GuyinPA75
I can't wait for Microsoft to win this and game pass going up to $30 a month
I'm sure they (Microsoft) can not wait to see a 96% drop in their GamePass subscribing members😂... yeah not gonna happen.
@Sol4ris So you truly believe that game pass will not have a big price spike within 3-5 years if Activision deal goes thru?
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