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Ryuu96 on 17 July 2023
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EpicRandy said:
Ryuu96 said:

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.

At this stage, I think MS/CMA are on the same page, I don't think MS will close over CMA but I also don't think CMA will lift the order because it would be bad optics if Microsoft closed before they've even accepted a deal and according to the trial, Microsoft hasn't even given them the final offer yet.

Either way, seems like CMA is going to approve this so Microsoft can wait it out, keep a good relationship with CMA while CMA looks less weak by only allowing closure when they're done, rather than allowing closure whilst it's still not yet approved in UK.

Last edited by Ryuu96 - on 17 July 2023