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Microsoft closes deal to buy Call of Duty maker Activision Blizzard after antitrust fights

Oct 13, 2023, 1:19 PM

Microsoft Call of Duty...

The logo for Microsoft and a scene from Activision Call of Duty. (AP Photo/Richard Drew)

(AP Photo/Richard Drew)

Microsoft completed its purchase of video game maker Activision Blizzard for $69 billion on Friday, closing one of the most expensive tech acquisitions in history that could have repercussions across the video game industry.

The notice that the deal had gone through came seven hours after Microsoft got final approval from Britain鈥檚 competition watchdog, which reversed its earlier decision to , removing the last obstacle for the transaction.

Taking over the studios behind blockbuster games like Call of Duty, Diablo and Overwatch will be a boost for Microsoft鈥檚 Xbox gaming console, which ranks third in sales behind Sony鈥檚 PlayStation and Nintendo. The software giant also has bigger ambitions to fold Activision titles into its multi-game subscription service that works something like a Netflix for video games.

The nearly 22 months it took to close the deal reflected concerns from rivals and government regulators that Microsoft could use its growing collection of games to stifle competition. It鈥檚 part of a broader industry consolidation that also has聽聽worried they鈥檒l get sidelined as the industry allocates its resources toward blockbuster franchises with a history of past success.

It still faces opposition from the U.S. Federal Trade Commission, which has argued that Microsoft could use the consolidation of a major game publisher to create 鈥渨alled gardens鈥 around its Xbox Game Pass subscription service and the emerging business of streaming games on demand. But after losing a court fight to pause the merger, FTC antitrust enforcers must now undertake a difficult battle to try to unwind it.

鈥淭he FTC continues to believe this deal is a threat to competition,鈥 said FTC spokesperson Victoria Graham on Friday.

Microsoft has long defended the deal as good for gaming, saying its goal was to get Activision games to more people on more platforms rather than trying to deprive those games from rival console makers.

鈥淲hether you play on Xbox, PlayStation, Nintendo, PC or mobile, you are welcome here 鈥 and will remain welcome, even if Xbox isn鈥檛 where you play your favorite franchise,鈥 said a statement Friday from Phil Spencer, CEO of Microsoft鈥檚 Xbox division.

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The blessing from the U.K.’s Competition and Markets Authority was expected after it聽聽last month to a revamped Microsoft proposal meant to address concerns that the deal would harm competition and hurt gamers, especially in the emerging cloud gaming market where players can avoid buying pricey consoles and stream games to their tablets or phones.

鈥淭he new deal will stop Microsoft from locking up competition in cloud gaming as this market takes off, preserving competitive prices and services for U.K. cloud gaming customers,鈥 the watchdog said.

However, it also tilts the 鈥渂alance of power significantly鈥 in favor of Microsoft, whose Xbox console has lagged behind PlayStation and Nintendo, said George Jijiashvili, senior principal analyst at tech research and advisory firm Omdia.

The nearly 22 months it took to close the deal reflected concerns from rivals and government regulators that Microsoft could use its growing collection of games to stifle competition. It鈥檚 part of a broader industry consolidation that also has聽聽worried they鈥檒l get sidelined as the industry allocates its resources toward blockbuster franchises with a history of past success.

It still faces opposition from the U.S. Federal Trade Commission, which has argued that Microsoft could use the consolidation of a major game publisher to create 鈥渨alled gardens鈥 around its Xbox Game Pass subscription service and the emerging business of streaming games on demand. But after losing a court fight to pause the merger, FTC antitrust enforcers must now undertake a difficult battle to try to unwind it.

鈥淭he FTC continues to believe this deal is a threat to competition,鈥 said FTC spokesperson Victoria Graham on Friday.

Microsoft has long defended the deal as good for gaming, saying its goal was to get Activision games to more people on more platforms rather than trying to deprive those games from rival console makers.

鈥淲hether you play on Xbox, PlayStation, Nintendo, PC or mobile, you are welcome here 鈥 and will remain welcome, even if Xbox isn鈥檛 where you play your favorite franchise,鈥 said a statement Friday from Phil Spencer, CEO of Microsoft鈥檚 Xbox division.

Related news: Fears about Amazon and Microsoft cloud computing dominance trigger probe

The blessing from the U.K.’s Competition and Markets Authority was expected after it聽聽last month to a revamped Microsoft proposal meant to address concerns that the deal would harm competition and hurt gamers, especially in the emerging cloud gaming market where players can avoid buying pricey consoles and stream games to their tablets or phones.

鈥淭he new deal will stop Microsoft from locking up competition in cloud gaming as this market takes off, preserving competitive prices and services for U.K. cloud gaming customers,鈥 the watchdog said.

However, it also tilts the 鈥渂alance of power significantly鈥 in favor of Microsoft, whose Xbox console has lagged behind PlayStation and Nintendo, said George Jijiashvili, senior principal analyst at tech research and advisory firm Omdia.

Microsoft 鈥渘ow has a big opportunity to dictate the future of the games industry,鈥 he said.

Since the deal was announced in January 2022, Microsoft has secured approvals from antitrust authorities covering more than 40 countries. Crucially, it got a聽聽after agreeing to allow users and cloud gaming platforms to stream its titles without paying royalties for 10 years.

The deal faced its strongest resistance from British and聽. Sony also feared it would limit PlayStation gamers鈥 access to Call of Duty, Activision鈥檚 long-running military shooter series.

TThe FTC over the summer聽聽to pause the deal so that its in-house judge could review it. The FTC hasn鈥檛 given up, appealing the decision and last month filing notice of its plan to resume that trial.o get the U.K.鈥檚 approval, Microsoft will sell off European cloud streaming rights for all current and new Activision games released over the next 15 years to French game studio Ubisoft Entertainment.

But the regulator still criticized how the agreement came together and warned other companies not to use Microsoft鈥檚 tactics to 鈥渋nsist on a package of measures that we told them simply wouldn鈥檛 work.鈥

The U.K. regulator 鈥渄eserves credit for imposing a structural remedy on Microsoft that is significantly stronger than the weak commitments accepted by the European Commission,鈥 said Max von Thun, director of the Europe office of the Open Markets Institute, a proponent of stronger antitrust enforcement.

But the flip-flopping makes the U.K. regulator look 鈥渨eak and indecisive,鈥 he said.

Up until now, computer maker Dell held the record for the priciest tech deal after it bought data-storage company EMC in 2016 for around $60 billion. Microsoft鈥檚 own biggest deal was its $26 billion acquisition of professional networking service LinkedIn around the same time.

Microsoft valued the Activision deal at $68.7 billion when it was first announced, 鈥渋nclusive of Activision Blizzard鈥檚 net cash,鈥 though Microsoft agreed to pay $95 in cash for each share of the game-maker, closer to $75 billion.

Started in 1979 by former Atari Inc. employees, Activision has created or acquired many of the most popular video games, from Pitfall in the 1980s to Guitar Hero and the World of Warcraft franchise. One of Activision鈥檚 key assets for Microsoft was its King studio, maker of popular mobile games such as Candy Crush Saga.

Bobby Kotick has been CEO since 1991, after working with a business partner to buy it from bankruptcy.

Kotick signaled his coming departure Friday, saying he is 鈥渇ully committed to helping with the transition鈥 through the end of 2023 and will, until then, remain as CEO of what鈥檚 now a Microsoft subsidiary.

鈥淐ombining with Microsoft will bring new resources and new opportunities to our extraordinary teams worldwide,鈥 Kotick wrote in a letter to employees.

He is now reporting to Spencer, who has led Microsoft鈥檚 Xbox division since 2014.

While Sony鈥檚 PlayStation remains the industry leader, Microsoft in recent years has been scooping up game studios in an effort to drive more gamers to Xbox. Last year, it spent $7.5 billion to acquire ZeniMax Media, the parent company of video game publisher Bethesda Softworks, maker of Elder Scrolls, Fallout and聽. One of Microsoft鈥檚 most popular games, Minecraft, came from its $2.5 billion acquisition of Swedish developer Mojang in 2014.

Rivals have also bought their way to bigger game collections, with Sony venturing near Microsoft鈥檚 headquarters to buy Bellevue, Washington-based independent game publisher Bungie Inc. for $3.6 billion last year.

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