I don’t really blame the CAT judge here
In any case seems like we are going to get a closure date extension and this will continue for several more weeks
| Ryuu96 said: Home | Competition Appeal Tribunal (catribunal.org.uk) If for whatever reason you want to listen to this, they're livestreaming it, I doubt it'll be interesting though. |
Well this aged like milk LOL
but I think the judge is not having it also because this is only a stay not an actual out-of-court deal that would make MS and CMA drop the case entirely.
The judge is like either you have an agreement or this court case must go on. Also obviously pissed at the CMA because in this they obviously make a joke of the legal standard that regulation should rely on with their previous decision by overlooking some due process and fairness of having open discussions and good faith negotiation that should have resolved the issue before a CAT appeal was necessary.
| aTokenYeti said: I don’t really blame the CAT judge here |
Yeah, can't really blame him.
Team "Before 18th" ain't looking good! 
EpicRandy said:
Well this aged like milk LOL but I think the judge is not having it also because this is only a stay not an actual out-of-court deal that would make MS and CMA drop the case entirely. The judge is like either you have an agreement or this court case must go on. Also obviously pissed at the CMA because in this they obviously make a joke of the legal standard that regulation should rely on with their previous decision by overlooking some due process and fairness of having open discussions and good faith negotiation that should have resolved the issue before a CAT appeal was necessary. |
LOL Yup.
Anyway, said it better than I could. He's definitely more annoyed by the CMA but both of them are asking for the pause.
the CMA is seeking a stay of 2 months for "a realistic chance of addressing the CMA's concerns." The CMA's lawyer says "Microsoft has indicated that it's prepared to put forward something that addresses those concerns. The CMA has not seen the final version of that deal. The…
— Tom Warren (@tomwarren) July 17, 2023
the CMA is seeking a stay of 2 months for "a realistic chance of addressing the CMA's concerns." The CMA's lawyer says "Microsoft has indicated that it's prepared to put forward something that addresses those concerns. The CMA has not seen the final version of that deal. The discussions between the parties to date have been productive."
If this deal doesn't close before the 18th (I.E. CMA doesn't lift the ban) then I don't think this deal is closing until August now, Lol.
Well the judge just mentioned that the CMA is entering quash territory...
Saying if circumstances have changed so much, that they are in quashing territory.
I.E. The judge will throw out the final report and allow the deal.
Last edited by Ryuu96 - on 17 July 2023
Judge keeps talking about quashing.
IMO this changes nothing to the current evolution in the CMA case, they will still negotiate with Microsoft for a final deal and can still allow MS to close pending a resolution.
The only thing that will be different is that during the actual appeal hearing the discussion might diverge from what it should have been and the CMA behavior will also probably be different having to defend a case they've shown to be weak and obtained by either:
- Overlooking remedies proposal on dubious ground
- Not having a good faith negotiation by raising the proper flag on MS proposal allowing them to efficiently resolve issues during the phase 2 investigations
The problem though is they can't have the CAT complete the hearing and give a judgment before the CMA and MS agreed to a final analyzed and judged adequate resolutions. So this may also force the CMA to work faster if the stay is ultimately denied.
Judge also seemed to mention that the new deal with Sony kind of blows apart the CMA’s whole argument
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