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Press release
Microsoft / Activision deal prevented to protect innovation and choice in
cloud gaming
The CMA has prevented Microsoft’s proposed purchase of Activision over
concerns the deal would alter the future of the fast-growing cloud
gaming market, leading to reduced innovation and less choice for UK
gamers over the years to come.
From:
[39]Competition and Markets Authority
Published
26 April 2023
Close up of an iPhone, computer keyboard, mouse, headset and gaming
controller
* Microsoft’s solution had significant shortcomings and would require
regulatory oversight by CMA
* Panel Chair: “Cloud gaming needs a free, competitive market to
drive innovation and choice”
The final decision to prevent the deal comes after Microsoft’s proposed
solution failed to effectively address the concerns in the cloud gaming
sector, outlined in the Competition and Markets Authority’s (CMA)
provisional findings published in February.
Microsoft entered into a $68.7 billion deal to buy Activision, one of
the most popular video games publishers in the world, in January 2022.
The CMA launched an in-depth review of the deal in September 2022, and
in February 2023 provisionally found that the merger could make
Microsoft even stronger in cloud gaming, stifling competition in this
growing market.
Cloud gaming concerns
The UK cloud gaming market is growing fast. Monthly active users in the
UK more than tripled from the start of 2021 to the end of 2022. It is
forecast to be worth up to £11 billion globally and £1 billion in the
UK by 2026. By way of comparison, sales of recorded music in the UK in
2021 amounted to £1.1billion.
Microsoft has a strong position in cloud gaming services and the
evidence available to the CMA showed that Microsoft would find it
commercially beneficial to make Activision’s games exclusive to its own
cloud gaming service.
Microsoft already accounts for an estimated 60-70% of global cloud
gaming services and has other important strengths in cloud gaming from
owning Xbox, the leading PC operating system (Windows) and a global
cloud computing infrastructure (Azure and Xbox Cloud Gaming).
The deal would reinforce Microsoft’s advantage in the market by giving
it control over important gaming content such as Call of Duty,
Overwatch, and World of Warcraft. The evidence available to the CMA
indicates that, absent the merger, Activision would start providing
games via cloud platforms in the foreseeable future.
The cloud allows UK gamers to avoid buying expensive gaming consoles
and PCs and gives them much more flexibility and choice as to how they
play. Allowing Microsoft to take such a strong position in the cloud
gaming market just as it begins to grow rapidly would risk undermining
the innovation that is crucial to the development of these
opportunities.
The remedy
Microsoft submitted a proposal to address some of these concerns which
the CMA examined in considerable depth. The proposed remedy set out
requirements governing what games must be offered by Microsoft to what
platforms and on what conditions over a ten-year period.
Such remedies are described as ‘behavioural’ because they seek to
regulate the behaviour of the businesses involved in a merger,
requiring them to behave in a way which may be contrary to their
commercial incentives. This therefore takes the form of a type of
ongoing regulation of the sector, replacing market forces in a growing
and dynamic market with mandated regulatory obligations ultimately
overseen, and enforced by, the CMA – in this case at a global level.
Microsoft’s proposal contained a number of significant shortcomings
connected with the growing and fast-moving nature of cloud gaming
services:
* It did not sufficiently cover different cloud gaming service
business models, including multigame subscription services.
* It was not sufficiently open to providers who might wish to offer
versions of games on PC operating systems other than Windows.
* It would standardise the terms and conditions on which games are
available, as opposed to them being determined by the dynamism and
creativity of competition in the market, as would be expected in
the absence of the merger.
Given the remedy applies only to a defined set of Activision games,
which can be streamed only in a defined set of cloud gaming services,
provided they are purchased in a defined set of online stores, there
are significant risks of disagreement and conflict between Microsoft
and cloud gaming service providers, particularly over a ten-year period
in a rapidly changing market.
Accepting Microsoft’s remedy would inevitably require some degree of
regulatory oversight by the CMA. By contrast, preventing the merger
would effectively allow market forces to continue to operate and shape
the development of cloud gaming without this regulatory intervention.
Considering the potential benefits of the merger
The CMA carefully considered whether the benefit of having Activision’s
content available on Game Pass outweighed the harm that the merger
would cause to competition in cloud gaming in the UK. The CMA found
that this new payment option, while beneficial to some customers, would
not outweigh the overall harm to competition (and, ultimately, UK
gamers) arising from this merger, particularly given the incentive for
Microsoft to increase the cost of a Game Pass subscription post-merger
to reflect the addition of Activision’s valuable games.
Martin Coleman, chair of the independent panel of experts conducting
this investigation, said:
Gaming is the UK’s largest entertainment sector. Cloud gaming is
growing fast with the potential to change gaming by altering the way
games are played, freeing people from the need to rely on expensive
consoles and gaming PCs and giving them more choice over how and
where they play games. This means that it is vital that we protect
competition in this emerging and exciting market.
Microsoft already enjoys a powerful position and head start over
other competitors in cloud gaming and this deal would strengthen
that advantage giving it the ability to undermine new and innovative
competitors.
Microsoft engaged constructively with us to try to address these
issues and we are grateful for that, but their proposals were not
effective to remedy our concerns and would have replaced competition
with ineffective regulation in a new and dynamic market.
Cloud gaming needs a free, competitive market to drive innovation
and choice. That is best achieved by allowing the current
competitive dynamics in cloud gaming to continue to do their job.
Notes to editors
1. For media enquiries, contact the CMA press office on 020 3738 6460
or [40]
[email protected].
2. Microsoft is a global technology company offering a wide range of
products and services, with a global turnover of nearly £125
billion the financial year 2021. Since 2001, it has sold various
generations of Xbox gaming consoles. Gamers typically download
digital copies of the games they want to play on Xbox from
Microsoft’s Xbox Store. Microsoft also offers a multigame
subscription service, Xbox Game Pass, where gamers pay a monthly
fee to gain access to a library of games.
3. Activision Blizzard is a game developer and publisher with global
turnover of £6.3 billion in the financial year 2021, with over £700
million of this in the UK. It develops popular gaming content for
consoles, PC, and mobile, which includes titles such as Call of
Duty, World of Warcraft, and Candy Crush.
4. In an update to its provisional findings, the CMA said in March
that it provisionally had no concerns about the impact of the deal
on the console gaming market. This followed analysis which found
that Microsoft would not have a financial incentive to make Call of
Duty exclusive to Xbox. The CMA has today concluded that the deal
may not be expected to result in a significant lessening of
competition in console gaming services in the UK.
5. For more information, visit the [41]Microsoft / Activision inquiry
page.
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Published 26 April 2023
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