FTC sues to Block M$-Activision deal

[FromStLouis]

Next year xbox gets to say they beat the feds. The notoriety the street cred, slap that on the packaging.





Jim Ryan is the dead cop in the beginning. Gizmo is Dr. Dre.

 

[5n0man]

No, they never said that.

The EC has even come out to say microsoft never told them them that.

What was always said was that current games would stay and future games would be a case by case basis.

They did say that

"A representative for the European Union agency did tell him that "the Commission cleared the Microsoft/ ZeniMax transaction unconditionally as it concluded that the transaction would not raise competition concerns."

The representative added, "Microsoft did not offer any commitments to the Commission." But did add its conclusion on approving the ZeniMax deal did not rely on anything Microsoft said about the future of ZeniMax games being exclusive or not.

Microsoft in the original report from the agency on the ZeniMax deal did state it "would not have the incentive to cease or limit making ZeniMax games available for purchase on rival consoles."


Totilo in what he understands is that what the FTC stated this week is "not that Microsoft broke a promise to keep ZeniMax games exclusive. But that Microsoft gave assurances that it didn’t have an incentive to withhold ZeniMax games from rival platforms.

"By my reading, none of these statements contradict each other EU is saying it didn’t base its ZeniMax call on Microsoft pledges, didn’t get Microsoft pledges, just didn’t think those games going exclusive would be big enough Doesn’t tell us if they feel that about Call of Duty.

"FTC is saying that if Microsoft told the EU it didn’t need to go exclusive with ZeniMax games but did, then perhaps it’ll do the same again with [Call of Duty]."

 

[MeachTheMonster]

They did say that

"A representative for the European Union agency did tell him that "the Commission cleared the Microsoft/ ZeniMax transaction unconditionally as it concluded that the transaction would not raise competition concerns."

The representative added, "Microsoft did not offer any commitments to the Commission." But did add its conclusion on approving the ZeniMax deal did not rely on anything Microsoft said about the future of ZeniMax games being exclusive or not.

Microsoft in the original report from the agency on the ZeniMax deal did state it "would not have the incentive to cease or limit making ZeniMax games available for purchase on rival consoles."


Totilo in what he understands is that what the FTC stated this week is "not that Microsoft broke a promise to keep ZeniMax games exclusive. But that Microsoft gave assurances that it didn’t have an incentive to withhold ZeniMax games from rival platforms.

"By my reading, none of these statements contradict each other EU is saying it didn’t base its ZeniMax call on Microsoft pledges, didn’t get Microsoft pledges, just didn’t think those games going exclusive would be big enough Doesn’t tell us if they feel that about Call of Duty.

"FTC is saying that if Microsoft told the EU it didn’t need to go exclusive with ZeniMax games but did, then perhaps it’ll do the same again with [Call of Duty]."

Nothing there says Microsoft said their “intent” was to keep future bethesda games multiplat. Nore did they say they had no incentive to withhold the games.

What they said was it doesn’t make sense to remove them unless the revenue lost could be offset by increased hardware or gamepass purchases. They always said it would be a case by case basis for future gsmes.

 

[5n0man]

Nothing there says Microsoft said their “intent” was to keep future bethesda games multiplat. Nore did they say they had no incentive to withhold the games.

What they said was it doesn’t make sense to remove them unless the revenue lost could be offset by increased hardware or gamepass purchases. They always said it would be a case by case basis for future gsmes.

What it says is that Microsoft never had to make any commitments because making Bethesda games exclusive wouldn't have affected their decision. But in the statement Microsoft gave to them during the approval period microsoft said they had no incentive to make games exclusive.

 

[winb83]

What it says is that Microsoft never had to make any commitments because making Bethesda games exclusive wouldn't have affected their decision. But in the statement Microsoft gave to them during the approval period microsoft said they had no incentive to make games exclusive.

The comments were about existing games not future ones. The FTC is playing dumb about the nature of the comments while taking them out of context so as to make an argument Microsoft can't be trusted. They know Microsoft made it clear future games will be on a case by case basis.

What games and franchise having already existed on PlayStation has Microsoft removed from PlayStation? None.

When something like Doom, Elder Scrolls, or Fallout is taken off PlayStation maybe there's a point. Otherwise the argument is any game ever made by a ZeniMax studio from that purchase has to always be made and released on PlayStation even if it's a new franchise that has never existed on PlayStation.

If that's the argument then that's a slippery slope. That argument isn't made for Sony acquisitions like Insomniac who have made Xbox games in the past.

 

[MeachTheMonster]

What it says is that Microsoft never had to make any commitments because making Bethesda games exclusive wouldn't have affected their decision. But in the statement Microsoft gave to them during the approval period microsoft said they had no incentive to make games exclusive.

You said.

During the approval process they told regulators that their intent wasn't to make Bethesda games exclusive.

That was wrong.

Now you’ve pivoted to something else and that’s wrong too.

The Notifying Party explains that the profitability of a strategy to make ZeniMax games exclusive to the Xbox console would depend on a trade-off between: (i) the value of attracting new players to the Xbox ecosystem; and (ii) the lost income from the sale of ZeniMax games for rival consoles (through the related storefronts). In this regard, the Notifying Party forecasts that a significant share of ZeniMax games sales will occur on rival consoles over the life cycle of the newly released console generation.106 Based on such a trade-off, the Notifying Party submits that a hypothetical console exclusivity strategy would be profitable only if it led to an increase in the number of Xbox users [forecast million] over the next five years, corresponding to an increase in Xbox shipments [forecast percentage] above the forecast level.107

This is the exact excerpt that’s being referenced. Keep in mind this is not just about Future Bethesda games, but all games past and present.

It doesn’t say they had no intent or no incentive to make the games exclusive. It actually lays out what their incentive would be. “increase the number of xbox users….”

With Bethesda both publicly and privately they always said future games would be on a case by case basis.

 

[ItWasWritten]

at you fake ass Lawyers trying to break this shyt down, nikkaz don't know what the the fukk they talking about

 

[daze23]

it really takes some mental gymnastics to be confused about what "case by case" means

 

[winb83]

at you fake ass Lawyers trying to break this shyt down, nikkaz don't know what the the fukk they talking about

I mean you don't have to be a lawyer to understand that the EU said in clear terms the case the FTC is making their lawsuit on is baseless.

 

[5n0man]

You said.

I'm not gonna play word games with you.

I said Microsoft told regulators they had no intent to make games exclusive. That's true.

I posted a statement directly from regulators stating that microsoft clarified that the intent of the acquisition wasn't exclusivity because there was no incentive to do that.

 

[5n0man]

The comments were about existing games not future ones. The FTC is playing dumb about the nature of the comments while taking them out of context so as to make an argument Microsoft can't be trusted. They know Microsoft made it clear future games will be on a case by case basis.

You just don't understand the FTC's comments

What games and franchise having already existed on PlayStation has Microsoft removed from PlayStation? None.

Of course they aren’t gonna remove games that are already out from playstation, it would be a pr nightmare.

When something like Doom, Elder Scrolls, or Fallout is taken off PlayStation maybe there's a point. Otherwise the argument is any game ever made by a ZeniMax studio from that purchase has to always be made and released on PlayStation even if it's a new franchise that has never existed on PlayStation.

If that's the argument then that's a slippery slope. That argument isn't made for Sony acquisitions like Insomniac who have made Xbox games in the past.

Elder Scrolls 6 is exclusive, the next fallout and doom will also be exclusive.

Insomniac made 1 Xbox game with every other game in their catalog being produced by Sony. That's far different than buying multiple activision size publishers.


Problem is yall are so stuck up in console wars you can't even see why regulators would question this deal. We even have people saying it's the democrats fault and the FTC and CMA are a bunch of sony stans.

 

[winb83]

You just don't understand the FTC's comments

Of course they aren’t gonna remove games that are already out from playstation, it would be a pr nightmare.

Elder Scrolls 6 is exclusive, the next fallout and doom will also be exclusive.

Insomniac made 1 Xbox game with every other game in their catalog being produced by Sony. That's far different than buying multiple activision size publishers.


Problem is yall are so stuck up in console wars you can't even see why regulators would question this deal. We even have people saying it's the democrats fault and the FTC and CMA are a bunch of sony stans.

Please show me any official word from Microsoft that says any of those titles you say are now Xbox exclusive have been confirmed to be so.

 

[5n0man]

Please show me any official word from Microsoft that says any of those titles you say are now Xbox exclusive have been confirmed to be so.

The Elder Scrolls 6 confirmed as Xbox and PC exclusive

Xbox boss Phil Spencer has said that the upcoming The Elder Scrolls 6 title will be a console and PC exclusive. Speakin…

www.gamesindustry.biz

 

[Leasy]

EU said FTC lying

 

[winb83]

The Elder Scrolls 6 confirmed as Xbox and PC exclusive

Xbox boss Phil Spencer has said that the upcoming The Elder Scrolls 6 title will be a console and PC exclusive. Speakin…

www.gamesindustry.biz

You have a single game that has also yet to be released. Where are the others? You said Fallout and Doom are exclusive as well. Where are the actual released games that Microsoft has either pulled off PlayStation or franchises they've done that too since the merger?

If the EU felt Microsoft violated their pitch for purchasing Zenimax they have avenues to rectify that.

Silicon Valley is starting to cave to European regulators

The United Kingdom is forcing Meta to sell off Giphy. Who’s next?

www.google.com

Forcing a company to sell a purchased asset isn't unprecedented.

You're suggesting the court looks at I guess just Elder Scrolls a yet to even be released game and extrapolate that instance to all games even in the face of Microsoft presenting a binding contract saying they won't do that with Call of Duty? Good luck.