December 5, 2023

Introduction:

A US judge has granted a temporary restraining order requested by regulators, effectively halting Microsoft’s proposed $69 billion acquisition of video game giant Activision Blizzard. The US Federal Trade Commission (FTC) expressed concerns that the deal could lead to reduced competition in the gaming sector. A two-day hearing is scheduled to take place in June to further examine the implications of the acquisition. This blog post explores the background of the acquisition, the regulatory challenges it faces, and the potential impact on the gaming industry.

The FTC’s Concerns and Legal Proceedings:

The FTC argued that the Microsoft-Activision merger could substantially diminish competition in the gaming market. The regulator expressed apprehension that Microsoft’s Xbox console would gain exclusive access to Activision’s games, potentially sidelining competitors such as Nintendo and Sony. In response, the court granted a temporary restraining order to maintain the status quo while the complaint is being reviewed. Microsoft and Activision have until June 16 to present their legal arguments opposing the preliminary injunction, and the FTC will have until June 20 to respond.

Diverging Views in International Regulators:

The acquisition has divided regulators across the globe. While the European Commission approved the deal, citing Microsoft’s commitment to providing fair competition through 10-year licensing agreements, the UK’s Competition and Markets Authority (CMA) blocked the merger. The CMA expressed concerns about reduced innovation and consumer choice in the gaming industry. Microsoft and Activision plan to appeal the CMA’s decision. To proceed with the acquisition, the companies must obtain approval from regulators in the UK, the EU, and the US.

Microsoft’s Response and Future Implications:

Microsoft has expressed its belief that the acquisition would benefit both gaming companies and players. The company has offered a legally binding agreement to provide Call of Duty games to rivals, including Sony, for the next decade. Microsoft President Brad Smith referred to the FTC’s decision as an opportunity to present their case in federal court and emphasized the potential for increased choice and competition in the market. The proposed acquisition is significant for Microsoft as it seeks to catch up with Sony, its main competitor in the gaming industry.

The Future of Gaming and Microsoft’s Strategy:

Microsoft’s interest in acquiring Activision is a strategic move aimed at shaping the future of the video game industry. The company is heavily investing in its Xbox Game Pass service, often referred to as the “Netflix of games.” By offering subscriptions to libraries of games and promoting cloud gaming, Microsoft aims to shift the gaming landscape away from one-off purchases toward streaming and subscription-based models. The acquisition of Activision, known for games like Call of Duty and Candy Crush, would bolster Microsoft’s position in this evolving market.

Conclusion:

The temporary restraining order granted by a US judge has put a hold on Microsoft’s ambitious acquisition of Activision Blizzard. The FTC’s concerns about potential competition reduction in the gaming sector have prompted legal proceedings. With conflicting views among international regulators, the acquisition’s fate remains uncertain. Microsoft’s strategy to invest in cloud gaming through the Xbox Game Pass underscores the company’s vision for the future of gaming. As the legal process unfolds, the industry and gaming enthusiasts await the outcome, as it could significantly shape the gaming landscape and competition in the market.

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