UK CMA softens stance after blocking deal

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UK CMA softens stance after blocking deal

UK regulator appears to unexpectedly soften stance on Microsoft-Activision deal

UK competition watchdog, staunchest opponentf microsoft $69 billion acquisition of gaming giant Activision Blizzardflatly blocked the deal in April.

The U.K. Competition and Markets Authority now appears to have changed its mind.

After a US judge on Tuesday rejected the Federal Trade Commission’s motion for a preliminary injunction preventing Microsoft from completing its acquisition of Activision Blizzard, the UK’s CMA said it was ready to return to the negotiating table with the Redmond giant.

But what assurances can Microsoft offer the CMA after previous attempts to back down failed?

Why the CMA Blocked Microsoft’s Activision Deal

The UK’s CMA effectively blocked the acquisition in April, saying the deal raised competition concerns in the nascent cloud gaming market. Like other regulators, the CMA is concerned that Microsoft could take over Activision games and use them exclusively for its own platform.

Cloud gaming is a technology that enables gamers to access games through remote servers, effectively streaming games like watching movies Netflix. The technology is still in its infancy, but Microsoft is betting on it becoming a mainstream way to play games.

“Giving Microsoft such a strong position in the cloud gaming market at a time when it is beginning to grow rapidly could compromise innovation that is critical to the development of these opportunities,” the CMA said in April.

Why did it change direction?

The CMA has been actively urging Microsoft not to buy Activision Blizzard, and its decision to relax its stance came as a surprise to many.

In a statement, the CMA said it would start negotiations with Microsoft to consider proposals to resolve the dispute.

Activision Blizzard’s Call of Duty: Modern Warfare video game is plugged into a Microsoft Xbox One video game console in Denver, Colorado, Wednesday, Jan. 19, 2022.

Michael Siaglow | Bloomberg | Getty Images

“We stand ready to consider any proposals from Microsoft to restructure the transaction to address the concerns raised in our final report,” a CMA spokesperson told CNBC via email on Tuesday.

“In order to be able to prioritize work on these proposals, Microsoft and Activision have agreed with the CMA that it would be in the public interest to stay the proceedings in the UK, and the parties have submitted a joint submission to the Competition Appeals Tribunal. The impact.”

Regulators could have gone ahead and pursued legal action in court. However, this would be a long and expensive process, and the regulator could be hit particularly hard if it loses the case.

Alex Haffner, a competition lawyer at law firm Fladgate, told CNBC that the FTC’s setback essentially makes the CMA “the only regulator that actually blocked the deal.”

“Why did they do it? You could call it face-saving or you could call it pragmatic, given the circumstances,” he said.

“It has been cornered and has publicly stated that it has announced an appeal to suspend negotiations with Microsoft,” Haffner added. “You add that, plus all the heated political machinations that the CMA is subject to. It’s pretty sure it will Negotiate some sort of resolution with all parties.”

what happened next

The CMA, Microsoft, and Activision Blizzard now appear to be working on a possible solution to the regulator’s concerns to finally reach an agreement.

Microsoft may seek to provide further commitments to regulators. It was unclear what those pledges would look like, but Haffner said they would need to be “commensurate with the concerns raised.”

“There’s going to be an intense period of negotiation between the two sides, and they need to get this done as quickly as possible,” Haffner told CNBC. “I’d say we’ll be done in a week or so.”

Microsoft’s deadline to close the deal is July 18.

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