I believe one of the biggest issues that was exposed by the judge in the pause of the CAT is why did the CMA only now after the loss to the FTC decide to look at another proposal from MS.
I am going to go out on a limb and say this is not a new proposal to the CMA, MS has always offered it but the CMA did not care until after the FTC loss and then they wanted to come to a settlement. MS or course only care about the outcome not trying to make the CMA look bad so they will tell the judge whatever is necessary to get the CMA to settle on a new structure.
One of the biggest complaints and differences that seem to be with the CMA compared to the EU is that the EU voiced all their concerns and worked with MS for solutions. The CMA never voiced any concerns nor worked with the merging companies. They just came to a conclusion and they threw out a ruling. Basically the judge was asking why are we here when these options should have been investigated before the CMA came to their final report. The simple answer is that the CMA did not care until they found themselves on an island and had to consider new options.