 urging it to reverse their decision on the companies buyout of Activision. The UK's CMA has been the biggest hurdle in the Microsoft Activision deal; the regulator blocked it back in April citing concerns towards the growth of cloud gaming should Microsoft have the exclusive rights to Activision Blizzard titles. The deal has since been approved in everywhere but the UK with EU regulators giving the go-ahead mere weeks after the CMA's decision, followed by a win against the FTC in US Federal Court. Now – following the CMA delaying it's final ruling to August 29, 2023 – Microsoft have submitted a change of circumstances document to the CMA. The document cites that the CMA was unable to take into account deals made after the CMA's decision such as one made with cloud gaming platform Nware back in April via a Tweet from Brad Smith. Microsoft states in the report that "these commitments constitute a material change of circumstance, as well as a special reason for reaching a different decision". Microsoft follows up by stating "since the FR[Final Report], significant new material has become available which is relevant to the evidential assessment in the FR and which undermines the FR's conclusions" while also citing the 10-year agreement made with Sony to keep Call of Duty on PlayStation as further evidence towards this claim. In a statement to Mirror Gaming, a CMA spokesperson said 'Microsoft has submitted a document detailing why it believes there are material changes of circumstance and/or special reasons why the CMA should not impose a final order to prohibit the merger." before adding 'Submissions of this nature are possible but are very rare. We will consider Microsoft's submissions carefully, along with oth){kind=link}
Microsoft argues that significant changes in circumstances following the CMA’s final ruling should be enough for the regulator to reverse its decision
Microsoft have submitted a change in circumstances document to the UK’s Competition and Markets Authority (CMA) urging it to reverse their decision on the companies buyout of Activision.
The UK’s CMA has been the biggest hurdle in the Microsoft Activision deal; the regulator blocked it back in April citing concerns towards the growth of cloud gaming should Microsoft have the exclusive rights to Activision Blizzard titles. The deal has since been approved in everywhere but the UK with EU regulators giving the go-ahead mere weeks after the CMA’s decision, followed by a win against the FTC in US Federal Court.
Now â following the CMA delaying it’s final ruling to August 29, 2023 â Microsoft have submitted a change of circumstances document to the CMA. The document cites that the CMA was unable to take into account deals made after the CMA’s decision such as one made with cloud gaming platform Nware back in April via a Tweet from Brad Smith. Microsoft states in the report that “these commitments constitute a material change of circumstance, as well as a special reason for reaching a different decision”.
Microsoft follows up by stating “since the FR[Final Report], significant new material has become available which is relevant to the evidential assessment in the FR and which undermines the FR’s conclusions” while also citing the 10-year agreement made with Sony to keep Call of Duty on PlayStation as further evidence towards this claim.