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MS Has Tried to Buy at Least One Mobile Games Publisher (Page 394)
We note Microsoft's submission that Activision has significant strength in mobile gaming, and consider that the presence of Activision's games on any mobile gaming store would enhance its competitiveness. However, we also consider that this could be achieved by less anti-competitive means than the Merger, and Microsoft could acquire 'attractive content and experience with player engagement and acquisition' by buying a different mobile games publisher. This appears to have been Microsoft's strategy – it attempted to buy [REDACTED] in [REDACTED], and said [REDACTED].
Call of Duty Wasn’t Coming to Game Pass Until 2025 (Page 397)
On this basis, we would expect that the benefits would start to accrue within a reasonable period (although there would, in practice, likely be some delay between completion of the Merger and CoD arriving on Game Pass in 2025). We therefore find that at least some benefit from the claimed Game Pass RCB may be expected to accrue within a reasonable period, such that the condition in section 30(3)(a) of the Act is satisfied.
Only the Addition of Abk Content to Game Pass Would Generate Relevant Customer Benefits (Rcbs), and Even That One Would Be Below the Expectations of MS (Page 404)
We have found that the following benefits claimed by Microsoft do not constitute RCBs (and, even if they did meet the necessary conditions, would be small and would not have a material impact on the costs of the prohibition remedy):
(a) The claimed Cloud Gaming RCB;
(b) The claimed Nintendo RCB; and
The claimed Mobile Gaming RCB.
We have found that the claimed Game Pass RCB qualifies as an RCB, and can be expected to have annual benefits materially below the £[REDACTED] million per year figures presented by Microsoft. We have also found that the benefits are likely to decline over time. We have not found it necessary (or possible) to estimate the precise amount of the benefit that may be expected to accrue from the claimed Game Pass RCB, given the inherent uncertainties with this exercise. This is in any case not necessary for us to conduct the proportionality assessment as set out below.
We have also found that even if the claimed Cloud Gaming RCB and claimed Nintendo RCB did constitute RCBs, the scale of the benefits would not be material to our assessment.
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They'd be no RCB's for CoD on Switch? Or a Mobile Xbox Store? Or Xbox gamers having parity with PlayStation on this IP which is so important to everyone's success? Or the Cloud companies that have guaranteed access to CoD rather than maybe? Lol.
Tens of millions of gamers in Game Pass having access to CoD is less relevant than the insignificant Cloud market?
Okay that's over.
IDAS IS MVP.
