Britain’s top competition watchdog on Friday gave the green light to Microsoft’s proposed $US69 billion ($) takeover of gaming firm Activision Blizzard, removing the last major hurdle for the deal to close
The CMA said it had cleared the deal for Microsoft to buy Activision but without cloud gaming rights.
“The new deal will stop Microsoft from locking up competition in cloud gaming as this market takes off, preserving competitive prices and services for UK cloud gaming customers,” the regulator said in a statement Friday.
“It will allow Ubisoft to offer Activision’s content under any business model, including through multigame subscription services. It will also help to ensure that cloud gaming providers will be able to use non-Windows operating systems for Activision content, reducing costs and increasing efficiency.”
It marks a major U-turn from the CMA, the staunchest critic of the takeover, which effectively blocked the deal earlier this year over concerns that the acquisition would hamper competition in the nascent cloud gaming market.
Microsoft first proposed to acquire Activision in January 2022, but has since faced regulatory challenges in the US, Europe and the UK.
In July, the CMA said it would consider a restructured acquisition from Microsoft to allay its concerns.
Microsoft offered a spate of concessions, which centred around divesting the cloud rights of Activision games to French game publisher Ubisoft Entertainment.
“As a result of this concession, the CMA agreed to look afresh at the deal and launched a new investigation in August. That investigation has completed today with the CMA clearing this narrower transaction,” the regulator added.
The UK’s regulatory U-turn
Regulators globally were concerned that the takeover would reduce competition in the gaming market, in particular around cloud gaming. Microsoft could also take key Activision games like Call of Duty and make them exclusive to Xbox and other Microsoft platforms, the officials argued.
Cloud gaming is seen as the next industry frontier, offering subscription services that allow people to stream games just as they would movies or shows on Netflix.
It could even remove the need for expensive consoles, with users playing the games on PCs, mobile and TVs instead.
Specifically, the UK regulator argued when it blocked the takeover in April that allowing the deal to go ahead would give Microsoft a strong position in the nascent cloud gaming market.
Authorities in the European Union were the first major regulator to clear the deal in May, after Microsoft offered concessions to the EU.
At the time, the CMA said it stood by its initial decision to block the deal because the compromises presented to the EU would allow Microsoft to “set the terms and conditions for this market for the next ten years.”
Meanwhile, in the US, the Federal Trade Commission was fighting a legal battle with Microsoft in an effort to get the Activision takeover scrapped.
In July, however, a judge blocked the FTC’s attempt to do so, clearing the way for the deal to go ahead in the US.
Just hours later, the CMA said it was “ready to consider any proposals from Microsoft to restructure the transaction” and allay the regulator’s concerns.
In August, Microsoft offered concessions to the CMA in its second attempt to get the deal cleared.
Under the restructured transaction, Microsoft will not acquire cloud rights for existing Activision PC and console games, or for new games released by Activision during the next 15 years.
Instead, these rights will be divested to Ubisoft Entertainment before Microsoft’s acquisition of Activision, according to the CMA.
The CMA was the last major regulator holding up the Activision takeover.
Microsoft, meanwhile, has been trying to get ahead of the issue.
The US tech giant signed a deal in February to bring Xbox games to Nvidia’s cloud gaming service and struck a 10-year deal to bring Call of Duty to Nintendo players on the same day as Xbox, “with full feature and content parity.”
Microsoft also signed a deal in July with its biggest rival Sony to bring Call of Duty to the Japanese firm’s PlayStation gaming console.