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EpicRandy on 17 July 2023
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Machiavellian said:
Ryuu96 said:

The CMA made their mind up from day one and just came up with any shitty reason to block the deal, then started having 2nd thoughts when the FTC got clapped in court (and the EC didn't have their back) and now want to change their mind but use a cover instead of admitting to them making a mistake, it's a "new" merger evaluation they say, but it really isn't, they could have had these proposals in the 1st one, Lol.

I remember Brad Smith statement on the difference between the CMA and the EU.  He specifically stated how the EU voiced their concerns and worked with MS to address them while the CMA pretty much closed up shop then out of the blue threw out their judgement basically giving the impression the the CMA never was interested in approving the deal.

Exactly, that's what is looking to be transpiring here and it's a clear breach of due process and fairness. 

This is also evidenced by the fact there's simply no way MS values the cloud gaming scene in the UK more than this transaction, so simply put, if push came to shove, MS would have proposed anything up to dropping their cloud venture in the UK and it's in fact exactly what's they are proposing now. The fact that they did not propose such before points to the CMA not giving a proper signal to MS during negotiation.

This is terrible optics for the CMA, if they don't succeed with a stay they'll be forced to speed things up and settle out of court with MS ASAP. The implication of them losing a CAT appeal when there are clear signs of partisan shenanigans in their previous findings is really bad IMO. The new rules set that may come out of a verdict can be scathing and have for effect a change in procedure and/or power attributed to the CMA Which the CMA would want to avoid at all costs.