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Interesting hearing today.

It seems the CMA yet to receive the finalised proposals by MS, and while the CMA sees a way forward being the most likely scenario, they won't commit to it publicly. The deal will go through for sure, but it was an interesting back and forth.

The judge granted conditional adjournment providing that the CMA writes up the evidence that there has been a material change of circumstances to the deal that allowed them to reconsider their decision. MS lawyers will provide the CMA with the details of the 10-year CoD deal with SONY as part of that evidence that there has been a material change of circumstances, the CMA will pass the details of the deal on to the judge along with other the changes that prove they have met conditions set out by the judge for his conditional adjournment to be granted.

The judge was "troubled" by the CMA announcement timing in relation to the FTC losses, the lawyers from both parties denied that what happened in the USA had anything to do with this change of course in the UK process. I don't know if I believe that to be honest, literally within minutes we got tweets from both sides following the FTC drama

It seems MS preferred to settle with the CMA rather than to go ahead with the CAT appeal process because it is a) shorter b) a more certain path forward, the word "certainty" was uttered a million times. I believe "certainty" is important to reassure ABK and get them to stick to the deal beyond the deadline (18th of July).

I wasn't sure where where else to post this but there you go. I wondered previously what does the CMA get out of the "pause" they asked for along with MS, and listening to today's hearing, it really looks like they wanted to use MS desire for a) a shorter process b) a certain path forward to their advantage, which I think is going to be a very small one, but an advantage nonetheless? Will find out soon. 

Last edited by LurkerJ - on 17 July 2023