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[Ryuu96]

Angelus said:

Ryuu96 said:

Yeah but also FTC is limited on funds and that kind of reckless shit is wasting those limited funds and will eventually piss off Democrats/Republicans. There is speculation that they are doing this, picking fights all over, to eventually force a change in law.

I do agree that they think it is a noble goal but I think it's risky to assume FTC is THIS stupid and just doing shit for the hell of it, as if they have no plan, which is just overly optimistic in favour of Microsoft. Their plan IMHO is very clearly hinging on the CMA blocking the deal and delay tactics which have worked in the past, so it's a somewhat smart plan.

We're not Microsoft though, who should now be putting their full attention into making CMA approves this deal no matter what.

We shouldn't assume that the people you think are completely relying on outside regulators to get a "win" here, but are simultaneously lying about the proceedings taking place under the supervision of outside regulators, and are asserting this in legal documents outlining their case no less, are stupid? 

I mean...we certainly shouldn't think they're playing 4D chess, that's for sure lol

I never said they're relying on EC

All it takes is CMA. EC can be appealed too. It's clear that CMA is the crutch and CMA's arguments also strongly match FTC's arguments, it's not 4D chess, it's a risky bet to take but it's one that actually makes some sense. Sue before CMA makes their move which gives them the confidence to block the deal outright, then Microsoft will abandon the deal and both CMA and FTC come out with a huge win.

CMA will not want to be the only regulator in the world to block the deal, but with FTC against the deal, that prospect is now more convincing.

I'm just parroting the arguments of other lawyers as to what FTC's tactic may be, though.

Machiavellian said:

Ryuu96 said:

Of course it matters if Microsoft succeeds, are you really suggesting that they genuinely want on their career "we stood up to Microsoft and completely failed" Lol. That does not help their career at all. They want this deal blocked because that is what proves that they've stood up to big tech and won, standing up to big tech and failing is irrelevant.

Their arguments are weak on purpose, it's a delay tactic, instead of skipping straight to federal courts they are using their internal courts who firstly have to approve their blocking the deal, then Microsoft can take it to federal courts but only after FTC's internal courts have decided, the argument is weak so that when FTC commission brings it to their internal courts, they will send it back to FTC commissioners to re-do it, then it goes back to the internal court, they approve or deny the block and then Microsoft can take it to federal courts.

It's all a delay tactic and why? Because FTC either wants someone outside to block the deal (CMA) which would kill the deal completely or they want to delay it long enough for Microsoft to abandon the deal (the court case is August at minimum and that's for the internal procedure, Microsoft needs to get through that before they can take it to federal courts).

This is precisely why companies have brought a case to the Supreme Court to allow companies to force FTC out of this internal court process and skip straight to federal courts, because this tactic is a very real tactic that FTC employs to try to get deals scuttled.

This is all stuff that I've read/listened to from lawyers...

Their arguments are weak because their position is weak.  It's no complicated tactic it's just more posturing.  You are right they will play it for all its worth but at the end of the day it's just a tactic to prop up a few people who are looking to push their career.

This tactic only strengthens MS position as I continue to state.  If the FTC position is that MS could harm the industry by keeping COD from competitions platform, well MS has already shone they are more than willing to make concessions on that front.  This plays more into MS hands then it does the FTC and it gives MS the ability to deal and take away those arguments.  As I pointed out, this is what actually makes me believe that MS will land this deal above 90% because it really seems like everything is played exactly as MS would want.

You don't push your career by losing, you only look like a loser who wasted everyone's time and money.

FTC doesn't care about Microsoft's concessions, they want the deal blocked.

You're FAR too optimistic on this deal, things definitely aren't going according to plan or exactly as Microsoft wanted, Lol.

Their arguments can be re-made precisely because they're doing it internally, they will present weak arguments and their internal courts will tell them to come back with something stronger, Microsoft cannot clear this up until FTC takes them to federal courts and FTC won't take them to federal courts until they go through their internal procedure first, it's a delay tactic.

And why companies are demanding the SC changes thing so that they can take FTC straight to federal courts and skip the internal procedure.

I'd recommend following the Era thread cause it has a lot of useful information on this whole stuff and Idas is an actual lawyer, along with Hoeg.

Last edited by Ryuu96 - on 09 December 2022