Ryuu96 on 22 September 2023
The full list of remedies proposed by MS, addressing also the "residual concerns" from the CMA (I don't think it was posted):
1) Ubisoft may not grant Microsoft an exclusive licence to the Activision Games, and any such purported licence would be null and void.
2) Ubisoft may not offer Microsoft preferential pricing nor material preferential treatment with respect to Cloud Streaming Rights not made available to third parties.
3) Microsoft must offer the Activision Games to Ubisoft at a price that is no higher than the wholesale price for digital download and retail sales of PC and console versions of the same content (whichever is lower); [REDACTED].
4) Microsoft must provide Ubisoft with the Activision Games in a standard executable format sufficiently in advance to allow Ubisoft to release them on the same date as they are released on console and PC.
5) Microsoft will ensure that the quality, content, features and performance of any Activision Game delivered to Ubisoft will be materially similar to the non- streaming version of that Activision Game. Microsoft will not design PC versions of Activision Games, or any other versions which are or are planned to be available on multiple cloud streaming services, to be solely optimised for its own cloud streaming service.
6) Microsoft must port Activision Games to non-Windows OS following a request from Ubisoft. Ubisoft may also request that Microsoft perform technical modifications, including to ensure that the Activision Games support emulators like Proton. Microsoft must carry out this work at its regular pace and at a quality and standard which is customary in the gaming industry. Microsoft can only charge Ubisoft for the reasonable costs incurred for this work. Microsoft is also required to provide Ubisoft with development and porting plans for the Activision Games reasonably in advance.
7) Ubisoft will compensate Microsoft for the Activision Streaming Rights through a one-off payment and through a market-based wholesale pricing mechanism, including an option that supports pricing based on usage. This will allow Ubisoft to license out the Activision Streaming Rights under any business model of its choosing, including buy-to-play, multi-game subscription services, or any other model that may arise.
8) Microsoft will offer technical support to Ubisoft for Activision Games [REDACTED]. It will also offer reasonable technical support for Ubisoft's sublicensees, provided these cover Microsoft's reasonable costs.
Add to that:
"A Monitoring Trustee to oversee the Parties' compliance with the Proposed Undertakings, if required by the CMA. The Parties will also be required to provide annual compliance reports to the CMA setting out the steps taken to ensure compliance with the undertakings. The Proposed Undertakings require the Parties to comply with the dispute resolution provisions included in the Ubisoft Divestment Agreement, encompassing a fast-track escalation process and arbitration, and require the Parties to keep the CMA informed of any dispute referred to the fast- track escalation process".
1) Ubisoft may not grant Microsoft an exclusive licence to the Activision Games, and any such purported licence would be null and void.
2) Ubisoft may not offer Microsoft preferential pricing nor material preferential treatment with respect to Cloud Streaming Rights not made available to third parties.
3) Microsoft must offer the Activision Games to Ubisoft at a price that is no higher than the wholesale price for digital download and retail sales of PC and console versions of the same content (whichever is lower); [REDACTED].
4) Microsoft must provide Ubisoft with the Activision Games in a standard executable format sufficiently in advance to allow Ubisoft to release them on the same date as they are released on console and PC.
5) Microsoft will ensure that the quality, content, features and performance of any Activision Game delivered to Ubisoft will be materially similar to the non- streaming version of that Activision Game. Microsoft will not design PC versions of Activision Games, or any other versions which are or are planned to be available on multiple cloud streaming services, to be solely optimised for its own cloud streaming service.
6) Microsoft must port Activision Games to non-Windows OS following a request from Ubisoft. Ubisoft may also request that Microsoft perform technical modifications, including to ensure that the Activision Games support emulators like Proton. Microsoft must carry out this work at its regular pace and at a quality and standard which is customary in the gaming industry. Microsoft can only charge Ubisoft for the reasonable costs incurred for this work. Microsoft is also required to provide Ubisoft with development and porting plans for the Activision Games reasonably in advance.
7) Ubisoft will compensate Microsoft for the Activision Streaming Rights through a one-off payment and through a market-based wholesale pricing mechanism, including an option that supports pricing based on usage. This will allow Ubisoft to license out the Activision Streaming Rights under any business model of its choosing, including buy-to-play, multi-game subscription services, or any other model that may arise.
8) Microsoft will offer technical support to Ubisoft for Activision Games [REDACTED]. It will also offer reasonable technical support for Ubisoft's sublicensees, provided these cover Microsoft's reasonable costs.
Add to that:
"A Monitoring Trustee to oversee the Parties' compliance with the Proposed Undertakings, if required by the CMA. The Parties will also be required to provide annual compliance reports to the CMA setting out the steps taken to ensure compliance with the undertakings. The Proposed Undertakings require the Parties to comply with the dispute resolution provisions included in the Ubisoft Divestment Agreement, encompassing a fast-track escalation process and arbitration, and require the Parties to keep the CMA informed of any dispute referred to the fast- track escalation process".
