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EpicRandy on 14 July 2023
Ryuu96 said:

Idas Said:

I think that this covers all the scenarios for the next 24 hours.

Time that the Court of Appeals for the 9th Circuit has to respond to the FTC's Emergency Motion:

1) Granting an injunction pending appeal (MS/ABK would have to extend a few months the outside date);

2) Extending the district court's TRO by issuing an administrative stay, to allow it more time to consider the motion
(MS/ABK couldn't close during the weekend but maybe next week, if the FTC's emergency motion is finally denied);

3) Denying the FTC's Emergency Motion (MS/ABK could close as soon as this weekend);

4) Not saying anything during this time (MS/ABK could close as soon as this weekend).

I thought a transaction like this could not be closed on the weekend because the stock market is closed, look like this have no effect. 🤔learning truly is an everyday experience.



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Ryuu96 on 14 July 2023

The CMA considers that there is insufficient time remaining in the statutory period for full and proper consideration of Microsoft's submission on the proposed Order. As such, the Inquiry Group considers that there are special reasons to extend by six weeks under section 41A(2) of the Act the period for the discharge of its duty under section 41(2) of the Act.

The revised period will therefore end on 29 August 2023. However, the Inquiry Group aims to discharge its duty as soon as possible and in advance of this date.

Pixis Said:

The CMA have about 12 weeks from the date of their final report to make the final order. This would have been on 18 July but under statute the CMA can extend that period by 6 weeks to make the final order, which is what they’ve done here.

Pixis Said:

The CMA are under a duty under the Enterprise Act to consider if there has been a material change of circumstances since their report (or if they have a special reason for acting differently). If Microsoft are proposing (which it seems like they are!) a deal restructure and such then that constitutes a material change of circumstances such that the CMA need to extend (given they won’t have time, as they mention, to consider those changes before the current final order deadline). So it’s a combination of Microsoft proposing potentially but more the CMA being somewhat bound to extend as a result.


aTokenYeti on 14 July 2023

Going to be a really busy next 96 hours



Ryuu96 on 14 July 2023

Ugh, I'm back on the "this isn't closing before July 18th" train, Lol.

If CMA's interim order is still in place and Microsoft is working with the CMA to come up with solutions but the schedule has now been delayed by 6 weeks, then I doubt Microsoft will close over the CMA. Albeit the CMA says they will work to resolve it ASAP and the date seems to be a generic "6 week delay" but they can't seem to make their decision before July 18th, hence the delay.

Could still be July but if the interim (block) is still in place then Microsoft won't close over the CMA whilst they're nicely working together again.

Pixis is saying the interim order would still be in place, so no closure over the CMA.

Last edited by Ryuu96 - on 14 July 2023

aTokenYeti on 14 July 2023

I actually think ABK is Microsoft first party by this time next week, if the 9th circuit doesn’t issue a ruling today.

Microsoft wants to prevent any possibility of ABK shareholders getting cold feet, they also want to moot the FTC’s preliminary injunction request. It might provoke the CMA but I think they think the risk is worth it, they will close in 39 of the 40 jurisdictions this weekend or Monday



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Ryuu96 on 14 July 2023

Antstream Arcade is Coming to Xbox

Xbox will be supporting a third-party cloud gaming service for the first time, with Anstream Arcade launching on July 21.

The retro streaming platform will provide players with over 1,300 games on the Xbox Series X|S and Xbox One, including Space Invaders, Pac Man, and Mortal Kombat. Its catalogue includes titles from Atari, Commodore, Sega, Nintendo, and PlayStation consoles.

Players will be able to choose between an annual subscription to the platform for $29.99 or $79.99 for lifetime access. The service will be available in Europe, UK, USA, and Canada.

Antstream Arcade is Coming to Xbox | GamesIndustry.biz

The company says these titles will be playable instantly without additional downloads or installation via its cloud gaming platform, with more titles being added every week. This is notable as Antstream will be the first third-party game streaming service on Xbox.

Antstream Arcade is already available on Mac, PC, Linux, Android TV, Firestick and Samsung TVs, but this marks the first time it is coming to a game console.

Engadget

In total, the addition of the service marks Xbox's biggest content drop in history.

Users can acquire achievements for their online profile, plus the platform supports cloud saves, online high scores and resume play.

Xbox| Antstream

This was also one of the Cloud companies mentioned by the CMA but were discarded because they focus on Retro titles only.

Last edited by Ryuu96 - on 14 July 2023

EpicRandy on 14 July 2023
Ryuu96 said:

Ugh, I'm back on the "this isn't closing before July 18th" train, Lol.

If CMA's interim order is still in place and Microsoft is working with the CMA to come up with solutions but the schedule has now been delayed by 6 weeks, then I doubt Microsoft will close over the CMA. Albeit the CMA says they will work to resolve it ASAP and the date seems to be a generic "6 week delay" but they can't seem to make their decision before July 18th, hence the delay.

Could still be July but if the interim (block) is still in place then Microsoft won't close over the CMA whilst they're nicely working together again.

Pixis is saying the interim order would still be in place, so no closure over the CMA.

hmm I don't know, on 1 hand a 6 week's delay is short enough that MS/ABK should not mind at all, on the other, the Nasdaq-100 Index is still removing ABK next Monday, and it's not like MS is learning things from the CMA at the same time as we are. So I'm guessing, if they made the paperwork to remove ABK from this index, it might be they have, or have a commitment that they will have, the allowance of the CMA to close pending the final order. Or maybe I'm reading too much in ABK being removed from the index.



Ryuu96 on 14 July 2023

Antstream on Xbox - YouTube

Supports Xbox Achievements.



Ryuu96 on 14 July 2023

KnowinStuff Said:

Ok. I've read it. It is better, but it still has some fundamental flaws, imho. It might be enough to get them a temporary injunction pending appeal.

Nah. This is not the full brief on appeal. It's just their argument on the injunction pending the appeal. Still it is a bit better than what they sent to Judge Corley. It might be enough to get them a temporary injunction past the 14th, either for while the appeal is sorted, or on a shorter time just while the judge decides whether to grant an injunction during the pendency of the appeal. If I were the appellate judge, and if I hadn't been paying much attention to the case so far, I'd be reading whatever MSFT puts in Friday, but there's a strong chance I'd issue an Order Friday delaying it to Monday at 5:00 P.M. or until I ordered differently, and then I'd have a weekend of reviewing the order, the cases, etc., resulting in me shooting out an Order Monday or even over the weekend. It is hard to unscramble the egg on mergers, and I can see a judge who hasn't been paying close attention wanting to get a peek behind the curtain before letting it go through.

-

Lol. It would be frustrating if an extension was granted because FTC didn't give the Judges enough time to review the data, basically rewards the FTC for their delay tactics, if they brought the case forward sooner, instead of dragging things out as long as possible, they could have gone through the trial and given the Judges weeks-months to decide on things. The law is the law, I suppose, Judges will be professional, but I'd want to tell the FTC to go away and it's their fault they brought it forward so late.



aTokenYeti on 14 July 2023

I know this will probably bite me in the ass later but I am fully back on the optimism bandwagon. I think the deal closes no later than Monday evening