Gaming

Europe greenlights Microsoft’s $68.7B Activision acquisition

Comment

Microsoft - Activision Blizzard
Image Credits: Anadolu Agency / Contributor / Getty Images

The European Commission (EC) has given the go-ahead to Microsoft’s proposed $68.7 billion bid for gaming giant Activision.

The news comes a few weeks after the U.K. emerged as the first jurisdiction to block the megabucks deal, though the Federal Trade Commission (FTC) in the U.S. is suing to thwart the deal too.

Europe had been mulling an in-depth probe for some time, confirming back in November that it was concerned that the coming together of Microsoft and Activision could reduce competition in both the console and PC video game market. The EC had set a deadline of 25th April to announce a decision, but it pushed its decision back after receiving further remedies and commitments from Microsoft. It was widely expected that the deal would be rubberstamped today, and that has now been confirmed, with the EC’s final report noting that the approval is “conditional on full compliance with the commitments offered by Microsoft.”

The story so far

Microsoft first tabled its bid for Activision in January last year, a deal that sought to combine Microsoft’s distribution might in the console and PC realm with one of the largest third-party game publishers in the world — Activision is responsible for mega-franchises such as Call of Duty, Candy Crush, and World of Warcraft. With Activision under its wing, Microsoft would effectively become the third-biggest gaming company in the world by revenue, behind Tencent and Sony.

At the heart of antitrust legislators’ concerns is that Microsoft would have too much clout and control over the distribution of games, vis-à-vis it would have the incentive to either withhold popular gaming titles from rival gaming platforms or otherwise create a lesser playing experience on alternatives to encourage people to switch to its ecosystem which includes Xbox and Windows.

While the U.K. had previously focused on the deal’s impact in both console and cloud gaming, the Competition and Markets Authority (CMA) narrowed its case to the latter only. It said that while Microsoft could conceivably withhold games from PlayStation, Sony’s console had sufficient market share that meant this would likely remain a profitable and attractive conduit for Microsoft to continue supporting with Activision games. With cloud gaming, though, it said that the proliferation of Windows and its “significant cloud infrastructure” could give Microsoft an unfair advantage.

It’s worth noting that Microsoft has made numerous commitments to keep Activision games on rival platforms, including Sony, Nintendo and Nvidia, for a 10-year period. However, the CMA argued that Microsoft’s proposals couldn’t replace the existing “competitive dynamism,” and would be too reliant on Microsoft’s say-so and regulatory oversight.

In the wake of the U.K.’s blockade, both companies came out aggressively, with an Activision spokesperson saying at the time that the U.K.’s conclusions “are a disservice to U.K. citizens, who face increasingly dire economic prospects,” adding that it would “reassess” its growth plans for the U.K. due to it being “closed for business.”

Remedies

While Europe has been a fairly active party in holding big tech companies’ to account for anti-competitive malpractice, it has never been a major proponent of stonewalling mergers and acquisitions in the tech world outside of the telecoms industry. So today’s findings are pretty much in keeping with previous form.

Similar to the U.K., the EC said that it was less concerned with console gaming than it was with cloud-based game streaming services, and that if Microsoft were to make Activision games exclusive to its own streaming service — Game Pass Ultimate — it could reduce competition in what is still effectively a nascent market. Moreover, limiting access to its own streaming service could also strengthen its existing PC market share.

Microsoft’s proposed remedies, which included the promise to allow all consumers in the European Economic Area (EEA) to stream all current and future Activision games via any cloud-based game streaming service for the next 10 years, were apparently sufficient to garner Microsoft the greenlight.

The EC’s decision follows a couple of months after Japan approved the deal, though Europe has made it clear that it intends to implement checks on how Microsoft’s actions impact rival gaming companies in the future. It said that an “independent trustee” will be in charge of monitoring Microsoft’s implementation of its commitments.

Moreover, with very different outcomes between the EU and the U.K., Activision CEO Bobby Kotick was quick to heap praise on the European Commission, saying that it “conducted an extremely thorough” process. He also said that Activision intends to invest more in the EU moving forward, pointing to the EU’s “firm but pragmatic approach to gaming.”

“We have deep roots in Europe — our company was founded in France,” Kotick wrote in a statement issued to TechCrunch. “Candy Crush — one of our most successful franchises — was created in Sweden. And the senior leadership of our company comes from across the EU, including Austria, Germany, and Sweden. We intend to meaningfully expand our investment and workforce throughout the EU, and we’re excited for the benefits our transaction brings to players in Europe and around the world.”

The U.K.’s competition regulator was always going to be in the spotlight if the EC’s decision differed too greatly from its own. Shortly after the outcome was revealed today, the CMA took to Twitter to confirm that it would be standing by its own decision, stating that the EC has effectively allowed Microsoft to call all the shots in the cloud gaming market for the next decade.

“The U.K., U.S. and European competition authorities are unanimous that this merger would harm competition in cloud gaming,” the CMA wrote on Twitter. “The CMA concluded that cloud gaming needs to continue as a free, competitive market to drive innovation and choice in this rapidly evolving sector. Microsoft’s proposals, accepted by the European Commission today, would allow Microsoft to set the terms and conditions for this market for the next 10 years. They would replace a free, open and competitive market with one subject to ongoing regulation of the games Microsoft sells, the platforms to which it sells them, and the conditions of sale. This is one of the reasons the CMA’s independent panel group rejected Microsoft’s proposals and prevented this deal.”

Now that European regulators are mostly out of the way, though, Microsoft and Activision will be channeling all their energies into overturning the U.K.’s decision through the official appeals process.

More TechCrunch

Amazon Web Services (AWS), Amazon’s cloud computing business, has confirmed further details of its European “sovereign cloud” which is designed to enable greater data residency across the region. The company…

AWS confirms European ‘sovereign cloud’ to launch in Germany by 2025, plans €7.8B investment over 15 years

Go Digit, an Indian insurance startup, has raised $141 million from investors including Goldman Sachs, ADIA, and Morgan Stanley as part of its IPO.

Indian insurance startup Go Digit raises $141M from anchor investors ahead of IPO

Peakbridge intends to invest in between 16 and 20 companies, investing around $10 million in each company. It has made eight investments so far.

Food VC Peakbridge has new $187M fund to transform future of food, like lab-made cocoa

For over six decades, the nonprofit has been active in the financial services sector.

Accion’s new $152.5M fund will back financial institutions serving small businesses globally

Meta’s newest social network, Threads is starting its own fact-checking program after piggybacking on Instagram and Facebook’s network for a few months. Instagram head Adam Mosseri noted that the company…

Threads finally starts its own fact-checking program

Looking Glass makes trippy-looking mixed-reality screens that make things look 3D without the need of special glasses. Today, it launches a pair of new displays, including a 16-inch mode that…

Looking Glass launches new 3D displays

Replacing Sutskever is Jakub Pachocki, OpenAI’s director of research.

Ilya Sutskever, OpenAI co-founder and longtime chief scientist, departs

Intuitive Machines made history when it became the first private company to land a spacecraft on the moon, so it makes sense to adapt that tech for Mars.

Intuitive Machines wants to help NASA return samples from Mars

As Google revamps itself for the AI era, offering AI overviews within its search results, the company is introducing a new way to filter for just text-based links. With the…

Google adds ‘Web’ search filter for showing old-school text links as AI rolls out

Blue Origin’s New Shepard rocket will take a crew to suborbital space for the first time in nearly two years later this month, the company announced on Tuesday.  The NS-25…

Blue Origin to resume crewed New Shepard launches on May 19

This will enable developers to use the on-device model to power their own AI features.

Google is building its Gemini Nano AI model into Chrome on the desktop

It ran 110 minutes, but Google managed to reference AI a whopping 121 times during Google I/O 2024 (by its own count). CEO Sundar Pichai referenced the figure to wrap…

Google mentioned ‘AI’ 120+ times during its I/O keynote

Firebase Genkit is an open source framework that enables developers to quickly build AI into new and existing applications.

Google launches Firebase Genkit, a new open source framework for building AI-powered apps

In the coming months, Google says it will open up the Gemini Nano model to more developers.

Patreon and Grammarly are already experimenting with Gemini Nano, says Google

As part of the update, Reddit also launched a dedicated AMA tab within the web post composer.

Reddit introduces new tools for ‘Ask Me Anything,’ its Q&A feature

Here are quick hits of the biggest news from the keynote as they are announced.

Google I/O 2024: Here’s everything Google just announced

LearnLM is already powering features across Google products, including in YouTube, Google’s Gemini apps, Google Search and Google Classroom.

LearnLM is Google’s new family of AI models for education

The official launch comes almost a year after YouTube began experimenting with AI-generated quizzes on its mobile app. 

Google is bringing AI-generated quizzes to academic videos on YouTube

Around 550 employees across autonomous vehicle company Motional have been laid off, according to information taken from WARN notice filings and sources at the company.  Earlier this week, TechCrunch reported…

Motional cut about 550 employees, around 40%, in recent restructuring, sources say

The keynote kicks off at 10 a.m. PT on Tuesday and will offer glimpses into the latest versions of Android, Wear OS and Android TV.

Google I/O 2024: Watch all of the AI, Android reveals

Google Play has a new discovery feature for apps, new ways to acquire users, updates to Play Points, and other enhancements to developer-facing tools.

Google Play preps a new full-screen app discovery feature and adds more developer tools

Soon, Android users will be able to drag and drop AI-generated images directly into their Gmail, Google Messages and other apps.

Gemini on Android becomes more capable and works with Gmail, Messages, YouTube and more

Veo can capture different visual and cinematic styles, including shots of landscapes and timelapses, and make edits and adjustments to already-generated footage.

Google Veo, a serious swing at AI-generated video, debuts at Google I/O 2024

In addition to the body of the emails themselves, the feature will also be able to analyze attachments, like PDFs.

Gemini comes to Gmail to summarize, draft emails, and more

The summaries are created based on Gemini’s analysis of insights from Google Maps’ community of more than 300 million contributors.

Google is bringing Gemini capabilities to Google Maps Platform

Google says that over 100,000 developers already tried the service.

Project IDX, Google’s next-gen IDE, is now in open beta

The system effectively listens for “conversation patterns commonly associated with scams” in-real time. 

Google will use Gemini to detect scams during calls

The standard Gemma models were only available in 2 billion and 7 billion parameter versions, making this quite a step up.

Google announces Gemma 2, a 27B-parameter version of its open model, launching in June

This is a great example of a company using generative AI to open its software to more users.

Google TalkBack will use Gemini to describe images for blind people