Xbox |OT|

[EpicRandy]

Ryuu96 said:

EpicRandy said:

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.

I don't think they'll be forced to speed up and settle out of court, I think they'll literally be forced to go to the CAT trial.

Remember this is Microsoft & CMA vs CAT...Both CMA and Microsoft want the same thing here and that's adjournment to the CAT trial, Microsoft does not want CMA to lose here because that unpauses the CAT trial and delays things even longer.

I don't think the CAT appeal prevent the CMA from removing their interim order and granting MS the right to close pending the completion of all procedure with a stay separate order.

The problem is that the CMA does not want the CAT appeal to conclude way more so than MS does because:

For MS: quashing phase 2 will delay things but as stated they will more than likely be allowed to close, if not pending a judgment than right after that, so nothing really changes from the current August 29 deadline give or take a few days  

For the CMA: The simple fact that there might be room for negotiation with MS push, as the judge said, and for the reasons highlighted in my previous post, the appeal in quash territory. This can have severe consequences for the CMA, its power, virtually oversight-free status, and overall procedure. The CMA simply cannot allow the cat appeal to close, if they don't get a stay they will settle shortly thereafter IMO. That said I don't know if they have to settle during the hearing phase or if they can also pending a judgment giving them more time.