7 Comments

Sony have no incentive to strike a deal with MS. They have said multiple times they want the deal dead, and with the FTC block, the CMA largely talking the same as the FTC, its almost irrelevant what the EU does if the CMA blocks or asks for divestiture.

A CMA block is game over for this deal. There is no recourse, and Sony are very close to getting it.

I find it incredibly likely ATVI/MSFT want divestiture, even if they did, there are a handful of companies interested that could buy Activision or Activision+Blizzard, many of whom might run into similar anti-trust problems (Facebook, Amazon, Tencent, Sony).

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A couple of further observations:

(i) I agree with your assessment that this deal is dead without a Call of Duty deal. That gives Sony enormous negotiating power in that particular discussion. I expect something close to perpetuity

(ii) Having achieved second stage investigations from the three key regulators, Sony has no need to mount a public campaign to object to the deal. I would not read much into their new found reticence

(iii) It’s unclear to me that a disposal of Blizzard will be a sufficient structural remedy

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Thanks, Mark. If you've been in touch with either Sony or MSFT, I'd love to hear your thoughts.

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I have not, but I have an above average understanding of the CMA. I have to say, your Substack aside, the US media’s understanding of the CMA is very poor.

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couldn't agree more.

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Suspect various US-based media outlets and commentators are about to become overnight experts on the CMA. Must admit I’m surprised MS couldn’t find a way to negotiate a deal.

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Feb 19, 2023
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He’s not the only one.

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