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Microsoft and UK Regulator to Pause Litigation to Work Out Agreement Over Activision Deal

Microsoft and UK Regulator to Pause Litigation to Work Out Agreement Over Activision Deal - News

by William D'Angelo , posted on 11 July 2023 / 2,741 Views

Microsoft won its case against the FTC in the US as Judge Jacqueline Scott Corley denied the preliminary injunction for the FTC. This ruling allows Microsoft to close its Activision Blizzard deal ahead of the current July 18 deadline as the temporary restraining order (TRO) that allows the FTC to appeal the decision has been reduced to three days as it will end on Friday, July 14 at 11:59 pm PT. 

The  Competition and Markets Authority (CMA) of the UK did block the deal in April, however, Microsoft and Activision Blizzard has appealed the decision. The hearings for the appeal were set to start on July 24, however, the CMA and Microsoft have decided to pause litigation to work out a new deal.

 "After today’s court decision in the U.S., our focus now turns back to the UK," said Microsoft Vice Chair and President Brad Smith. "While we ultimately disagree with the CMA’s concerns, we are considering how the transaction might be modified in order to address those concerns in a way that is acceptable to the CMA.

"In order to prioritize work on these proposals, Microsoft and Activision have agreed with the CMA that a stay of the litigation in the UK would be in the public interest and the parties have made a joint submission to the Competition Appeal Tribunal to this effect."

The UK CMA in a statement said, "We stand ready to consider any proposals from Microsoft to restructure the transaction in a way that would address the concerns set out in our Final Report.

"In order to be able to prioritise work on these proposals, Microsoft and Activision have agreed with the CMA that a stay of litigation in the UK would be in the public interest and all parties have made a joint submission to the Competition Appeal Tribunal to this effect."


A life-long and avid gamer, William D'Angelo was first introduced to VGChartz in 2007. After years of supporting the site, he was brought on in 2010 as a junior analyst, working his way up to lead analyst in 2012 and taking over the hardware estimates in 2017. He has expanded his involvement in the gaming community by producing content on his own YouTube channel and Twitch channel. You can contact the author on Twitter @TrunksWD.


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24 Comments
G2ThaUNiT (on 11 July 2023)

What else can MS offer since the CMA had the same remedies offered that the EU accepted?

Are the CMA about to screw over gamers in the UK by ensuring ABK games are prohibited from being on Game Pass and xCloud? lol

  • +3
The Fury G2ThaUNiT (on 11 July 2023)

Lots. Disney to get their purchase of Fox to go through with as much ease as possible gave up large sections of the purchase, giving up the news and sports sides as they just wanted to the film, tv and hulu side. Other than some limited time deals what has MS done to help really? They could have sold some IPs or smaller studios they didn't want that come with the purchase. Depends on what they truely wanted with the purchase.

  • +3
G2ThaUNiT The Fury (on 11 July 2023)

Well, mobile was the biggest get out of this purchase followed by CoD, but the CMA was clear that their biggest concern, and the only reason why they blocked the deal, was cloud gaming.

So not adding ABK games to xCloud in the UK might be the best solution. Which I mean, in the UK, only 5,000 players at the most at any given time is supported in the UK. So it wouldn't be a huge loss in that area. But this would only affect the UK anyways.

  • +1
The Fury G2ThaUNiT (on 11 July 2023)

King seemed to be the priority for sure which raises the questions of over why they didn't do more to alleviate the concerns over A and B games and their revenue control outside of "We'll put games on competing streaming services which are pathetic compared to us right now." Selling IP and and studios would do more but just not ones from King or Blizzard that make the sweet mobile money.

  • +3
G2ThaUNiT The Fury (on 11 July 2023)

Because the CMA didn't have any concerns over anything but CoD and cloud gaming, so MS didn't have to bother with anything else. IPs, studios, the CMA didn't care about any of that.

With how little overall the CMA really cared about, it seems unlikely MS will have to do anything drastic. We'll see over the course of the next week.

  • +1
The Fury G2ThaUNiT (on 11 July 2023)

Yes, that's what I mean. If MS mainly wanted King and mobile stuff but the CMA's concern was the cloud side and Activision and that is what could block their purchase of King and mobiles stuff, MS could do more to help it though.

  • +3
method114 G2ThaUNiT (on 11 July 2023)

CNBC is reporting there will be some sort of divestment.

  • 0
G2ThaUNiT method114 (on 11 July 2023)

I saw that! It was described as small. Leading me to think it could be something excluding ABK games from xCloud only in the UK.

  • 0
method114 G2ThaUNiT (on 11 July 2023)

Yea but is that a divestiture? From the definition:

"The action or process of selling off subsidiary business interests or investments."

That would just stop them from providing xcloud to UK users and doesn't involve them selling off anything.

  • 0
Libara (on 11 July 2023)

That's one way for the CMA to save face.

  • +3
Imaginedvl Libara (on 11 July 2023)

Yes, I think they are welcoming this more than Microsoft :D

  • +2
scrapking Libara (on 11 July 2023)

The CMA is a bunch of hypocrites. They refused to even talk to Microsoft about the nature of their concerns, or possible remedies, prior to blocking the deal. When they thought they'd have political cover from the FTC. Now that they don't have that, now they want to talk to Microsoft about modifying the deal and/or other remedies?

  • +2
LurkerJ (on 11 July 2023)

Congrats to those who wanted the deal to pass.

  • 0
tslog (on 11 July 2023)

Shame that FTC and CMA corruption will go unpunished.
It’s disgraceful that there will be no jail time for the FTC & CMA who have abused their power, to lie endlessly about a legitimate deal, in order to rig the outcome, to also be uncompetitive & anti-consumer, by favouring a dominant market leader, & wasting millions of public money.....

  • -5
SecondWar tslog (on 11 July 2023)

All you had to do was use the word ‘incompetence’ instead of ‘corruption’ and people would probably be agreeing with you on mass (judging by reactions to other comments on these threads).
But because you try to twist it into some conspiracy theory about corruption people end up reacting negatively to your rants.

  • +3
The Fury SecondWar (on 11 July 2023)

I mean they are calling for jail time over the CMA deciding that they didn't want the 3rd biggest company in the world buying buying the 5th biggest in gaming. If these governmental bodies didn't question it and just let it through, then I'd question corruption.

  • +2
Kakadu18 The Fury (on 11 July 2023)

The EU did it the right way. The CMA and FTC continuily cared more about wether the deal might harm Sony than what they should actually worry about, namely the consumers. And on top of that ghey used a ton of logical falacies and had a bunch of math errors and tried to spin and twist market definitions into prezzels.
If it's not complete incompetence on another level then there's only one other option.

  • +2
The Fury Kakadu18 (on 11 July 2023)

Who FTC or CMA? FTC sure maybe but CMA not so much considering they rejected it not based on Sony but emerging cloud gaming market, which in this early stage could be easily dominated by MS if we just let them. A legitimate concern.

  • +2
Kakadu18 The Fury (on 11 July 2023)

A concern that the EU found a solution to. It's not that hard.

  • +1
tslog SecondWar (on 11 July 2023)

Calling it incompetence is deceptive, unjust….& it’s encouraging a coverup.

  • +1
SecondWar tslog (on 11 July 2023)

If you have no evidence of corruption that would even more deceptive.

  • 0
andrelr81 tslog (on 11 July 2023)

i agree 100%!

  • +1
ClassicGamingWizzz tslog (on 11 July 2023)

These bots are out of control

  • -4
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