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Microsoft Continues to Pursue Activision Blizzard

In May of this year, we reported on how the technology giant Microsoft wants to acquire the gaming company Activision Blizzard for the largest amount ever recorded in the gaming industry. Microsoft intended to buy one of the leading players in the gaming world and the owner of mega-popular games Call of Duty and World of Warcraft for a record $69 billion. However, Microsoft was first blocked by the U.S. and then the British competition regulator (CMA), which explained that the acquisition would make it a dominant player in the industry, especially in the cloud gaming category where it could potentially hold a monopoly.

Now, Microsoft has offered a new agreement to purchase Activision Blizzard after its initial offer of $69 billion was rejected by the British competition regulator. The Competition and Markets Authority (CMA) confirmed that Microsoft’s initial offer for the creator of Call of Duty was blocked and that it will now review the new agreement before deciding whether to give the green light for this acquisition.

New Offer

According to the new offer, Microsoft will not acquire the rights to Activision’s existing or new games stored in the cloud but would transfer those rights to the competing gaming company Ubisoft. The transfer of rights is designed to appease regulators in the United Kingdom who are concerned about the impact Microsoft’s proposed $68.7 billion deal will have on competition in cloud gaming. The restructured agreement has triggered a new regulatory investigation in the UK that could last until October 18. This restructured agreement means that if Microsoft concludes its proposed acquisition, it will not be able to release Activision Blizzard games exclusively on Xbox Cloud Gaming. Microsoft will also not be able to exclusively control the licensing terms for Activision Blizzard games on competing services. Instead, Ubisoft will control the streaming rights for Activision Blizzard games outside the EU and license titles back to Microsoft to be included in Xbox Cloud Gaming.

Ubisoft will compensate Microsoft for the cloud streaming rights for Activision Blizzard games with a one-time payment and through a wholesale pricing market mechanism. It will also give Ubisoft the opportunity to offer Activision Blizzard games to cloud gaming services powered by non-Windows operating systems, Ubisoft stated.

Ubisoft will also add Activision Blizzard games to its Ubisoft Plus Multi Access subscription, which is available on PC, Xbox, Amazon Luna, and PlayStation through the Ubisoft Plus Classics option.

The agreement with Ubisoft is structured so that Microsoft will still acquire the rights necessary to fully comply with legal obligations to the European Commission, as well as its existing contractual obligations to other cloud gaming service providers, including Nvidia, Boosteroid, Ubitus, and Nware, the company said.

The restructured transaction will not affect Microsoft’s obligations to the European Commission. Microsoft has entered into several cloud gaming agreements, and EU regulators have approved the agreement (unlike the British) with Activision Blizzard thanks to a free license for users in EU countries that would allow them cloud gaming services. The CMA will now assess the revised agreement over the coming weeks and make a decision by the October 18 deadline.

Our goal has not changed – any future decision on this new agreement will ensure that the growing cloud gaming market continues to benefit from open and effective competition that drives innovation and choice, concludes Sarah Cardell, CEO of the CMA.

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