Microsoft has engaged constructively with the CMA throughout pre-notification and the Phase 1 process. Microsoft was disappointed that it was not offered the opportunity to explain these points to the CMA in detail prior to the Phase 1 issues meeting and supplementary issues meeting, despite several requests to provide teach-in sessions for the benefit of the case team. Microsoft looks forward to engaging with the Panel through the Phase 2 process, to explain the benefits that the Transaction will bring to gamers, developers and the gaming industry more broadly.

Let us explain to you why you're wrong.

Microsoft's position on PC is even weaker. While Microsoft developed the Windows operating system ("OS") for PC, the open nature of the Windows platform has fostered vibrant competition in PC game publishing and distribution. Microsoft has a global share of less than []% in PC game publishing, as well as PC game distribution. The "multi-product ecosystem" alleged by the CMA has not given Microsoft any advantage in PC game distribution, with Microsoft sitting in seventh place globally, well behind leading distributors of PC games.

Microsoft basically saying, if we're so advantaged in PC then how the fuck are we 7th?

The evidence presented in the Referral Decision does not come close to meeting this standard. The CMA did not even try to quantify the impact on Sony in Phase 1. The Referral Decision goes no further than to assert that a foreclosure strategy could have some unspecified impact on "Sony's revenues and user base".28 There is no assessment of the impact on competition or consumers. Indeed, while Sony is mentioned 57 times in the Referral Decision, consumers are only referred to 10 times. In considering this theory at Phase 1 the Referral Decision fails to "consider the effect of a merger on competition in the market rather than on individual competitors" (emphasis added).29

Jeez that callout.

PlayStation has more than double the MAUs (close to 60 million more) of Xbox

The Referral Decision states the CMA "has received evidence that CoD has higher levels of user engagement and revenue spend on PlayStation than the Parties estimated" 45, without providing further details. Sony's obvious self-interest in this case means that its submissions must be carefully scrutinised. But even if the revenues and levels of user engagement are somewhat higher than Microsoft's estimates, they could not be so high that Sony's viability could depend upon retaining them.

The Referral Decision does not address Steam, but the CMA seeks to dismiss the relevance of Nintendo's console success absent Call of Duty by claiming that "this is because Nintendo generally offers a differentiated gaming experience to Xbox and PlayStation" and that "Xbox and PlayStation are closer substitutes to each other than to Nintendo Switch". The suggestion that Xbox, PlayStation and Nintendo are not close competitors is incorrect, but in any event these claims miss the relevant point. It is precisely the fact that Nintendo successfully offers a "differentiated" console platform, without Call of Duty, which demonstrates that console platforms have many options available to compete effectively which are not dependent on any particular gaming content.

Another callout, specifically them ignoring Steam and dismissing Nintendo.

Very good finishing line.

With access to Call of Duty guaranteed through to at least [] under the existing contract with Activision Blizzard (and through at least the end of 2027 if it were to accept Microsoft's current contractual offer), Sony has more than sufficient time to ensure that its console platform and content portfolio is competitively positioned to withstand any impact from a hypothetical foreclosure strategy. The fact that the CMA declines to even consider Sony's competitive response is especially concerning given that it is prepared to speculate regarding Activision Blizzard's likely approach to subscription services absent the Transaction (see section 4 below) and is at odds with the CMA's acknowledgment that the gaming industry is dynamic in nature.

The contract that Microsoft offered Sony was until "at least the end of 2027"

Very spicy, Microsoft is being passive aggressive as fuck with CMA, no holding back, they're all but directly calling them incompetent and bad at their jobs but reading between the lines, that is what they're saying. It's worth noting that CMA also got in trouble with Facebook/Giphy for withholding information from claimants too and it seems they're doing the same again with Microsoft.

I hate this place 

I believe you are looking for the wrong thing here.  This is way to attention getting when you have the power to just fade away.  If you want attention this might not be the place for you.

What a sight to behold

Game Pass loses eight Xbox games soon (trueachievements.com)

Sniper Elite 4, The Forgotten City, Alan Wake's American Nightmare, Second Extinction, Backbone, Project Wingman, Nongunz: Doppelganger Edition, and Bassmaster Fishing 2022 will all leave Xbox Game Pass and PC Game Pass on October 31st.

Yay, I can breathe for a moment.

Does anyone know why they do 12/13 day notice instead of a month?