Machiavellian said:
My question is not what they say, my question is it legal. In other words, if the rest of the world agree to the deal, how can one country decide for everyone else. Can that decision be challenged. I do not have a understanding of UK courts but any country trying to be the global regulator for everyone else is a clear violation as no one needs any country to be a global regulator outside of their own boarders. Lets say the CMA block the deal because MS does not remove XCloud from other countries outside of the UK, how can the UK enforce such a decision. I would believe that would be something that can be directly challenged. The CMA would have to successfully defend such a stance which I believe will be extremely hard to do. It would be very hard to say that a cloud platform not offered in the UK can somehow effect their market when its tied to a specific product that does not have the product included. I agree they could come with some other BS but that one I would believe is very tough sell. |
They can't block the deals outside of their own border but they can shut MS down from doing business within their border and they can put whatever condition with worldwide implications they want on MS to do business in the UK. The CMA's global stance is not that they want to act as a regulator for all countries but they want the remedies for their findings to not simply be addressed by specific carve out for the UK market.
However, if the condition required by the CMA is judged non-standing within the UK it'll for sure be quashed in appeal. Though In this case, the CMA can argue that even if MS were to leave the cloud gaming market in the UK specifically, their capacities will allow them to still cause an SLC for that market within the UK border.