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Can Microsoft buy Activision? Here’s what may kill the deal

On an unassuming Tuesday following a national holiday, Microsoft dropped a bombshell. And yes, this situation qualifies as a bombshell. Microsoft announced that it planned to purchase Activision Blizzard with cash for $68.7 billion — the largest cash acquisition ever.

That’s ever — period, not just for Microsoft, the gaming industry, or even tech companies as a whole. While everyone is still digesting the news, one question has popped up: Will the deal actually go through?

We have some recent historical context. There will be a lot of bumps over the next few years, and although the Microsoft and Activision Blizzard deal may eventually close, the companies have a long way to get there.

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Will Microsoft be able to buy Activision Blizzard?

Activision Blizzard's logo with multiple IPs shown underneath.
Microsoft’s acquisition brings Call of Duty, Overwatch, and more under its umbrella. Image used with permission by copyright holder

We don’t know right now. There isn’t a history of deals like this, neither for Microsoft nor Activision Blizzard, and it marks the largest purchase Microsoft has ever made. We can speculate, but the reality is that we won’t know if the acquisition will go through until the final papers are signed.

Right now, there’s a similar deal in limbo: Nvidia’s $40 billion purchase of chipmaker ARM. In the tech industry at least, this is the second-largest acquisition of the 2020s so far, only sitting behind Microsoft’s deal with Activision Blizzard.

The Nvidia deal has been passed around to regulators around the world for two years now, eventually climaxing in December 2021 when the Federal Trade Commission (FTC) sued Nvidia. Now, analysts project that the deal is dead.

Nvidia’s deal is worth $40 billion, while the Microsoft acquisition is worth $68.7 billion. So, case closed, right? Unfortunately, there’s more to the story than that.

For Nvidia and Arm, there’s a compelling argument that the deal could stifle competition and further consolidate the already narrow chip-making market. In the world of game development, even indie publishers like Devolver Digital have built businesses worth $1 billion or more. The competition is still thriving.

Activision's logo on a black billboard.
Image used with permission by copyright holder

The argument for Nvidia and Arm doesn’t apply to Microsoft and Activision Blizzard. Unlike Nvidia, Microsoft doesn’t compete with Activision Blizzard’s customers. In games, at least, the deal checks out.

But the deal is about more than games. Microsoft made it clear that it also touches mobile and cloud, and the company said that it “provide[s] building blocks for the metaverse.”

That’s not to mention that this is an unprecedented acquisition. Reuters reports it’s the largest cash acquisition ever, not just in gaming or tech, and David Wagner, an analyst at Aptus Capital Advisors, said that it “will get a lot of looks from a regulatory standpoint.”

Looks are the problem. In the months leading up to Microsoft’s announcement, Activision Blizzard has faced some of the harshest scrutiny a company ever has, and with a landmark deal announced, that won’t change soon.

The public eye

Activision Blizzard CEO Bobby Kotick.
Bobby Kotick, CEO of Activision Blizzard, has become a focal point of the recent sexual harassment lawsuits. Activision Blizzard

In July 2021, the state of California sued Activision Blizzard following allegations of sexual harassment. In the months that followed, Activision Blizzard became a touchstone for the larger issues of discrimination and sexual harassment in the gaming industry, with the public eye drawing lawsuits, strikes, and calls for unionization.

The specifics of Activision Blizzard’s troubles over the past six months aren’t relevant for the deal — but the public scrutiny is. Microsoft’s $7 billion Bethesda acquisition brought cries of monopoly; this nearly $70 billion deal is already doing the same.

It doesn’t help that Activision Blizzard became a household name over the past six months. Most of the largest acquisitions take place in the dark, far away from public scrutiny or knowledge. Last year, BHP Group purchased its UK-based trading group for around $86 billion. Who’s BHP Group? That’s kind of the point.

The size of the deal matters, but adding the recently storied history of Activision Blizzard on top of that is sure to draw a lot of attention. Even if regulatory bodies were OK with the deal slipping by, the public outcry would force someone’s hand.

It’s a matter of when, not if. Although Microsoft already announced its plans, we likely have a long road of probes and possibly lawsuits before Microsoft and Activision Blizzard shake hands for the final time. We might not get that until 2024 or later.

Microsoft’s biggest deal to date

The purchase of Activision Blizzard is the largest deal Microsoft has made by a long shot. Mind, this isn’t the largest deal for the Xbox division or for Microsoft gaming; it’s the most money Microsoft has spent acquiring another company period.

Executives standing in front of the Linkedin offices.
Microsoft’s CEO standing in front of the Linkedin offices. Microsoft

The closest Microsoft has ever gotten is when it purchased LinkedIn in 2016 for $26.2 billion. You can dispel any notions about Microsoft not investing in Xbox as a business venture — based on the Activision Blizzard deal, it may be the company’s main focus.

It looks like a good investment, though. Although the public deal is mostly focused on Overwatch, Call of Dutyand the other billion-dollar franchises Activision Blizzard owns, it also has implications for other gaming sectors.

Activision Blizzard owns King, for example, who makes Candy Crush. And Activision Blizzard owns Major League Gaming with exclusive partnerships with platforms like Disney and YouTube. It’s about more than adding Activision Blizzard’s titles to Game Pass.

A live Overwatch League event in an arena.
Image used with permission by copyright holder

That might be a problem for the deal to close. With competitive sports, the metaverse, and mobile gaming all wrapped up in the deal, regulators may bring up antitrust issues. Microsoft’s acquisition of LinkedIn already brought a flurry of antitrust allegations. A deal worth three times as much is likely to do the same.

Caught in limbo

Phil Spencer standing in front of a Microsoft Studios logo.
Image used with permission by copyright holder

Microsoft says it plans for the deal to close in 2023, but that’s ignoring what will likely be many roadblocks along the way. As for if Microsoft can close, we don’t know right now. Analysts seem optimistic, though cautious, given the scrutiny from regulatory bodies around the world.

Deals like this don’t happen in tech normally. They’re usually reserved for massive oil and energy enterprises, food processors that fill up grocery store shelves, and chemical manufacturers that touch nearly everything.

We don’t know if the deal with Microsoft and Activision Blizzard will close, but one thing’s for sure: This isn’t the last time we’ll hear about it.

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Jacob Roach
Senior Staff Writer, Computing
Jacob Roach is a writer covering computing and gaming at Digital Trends. After realizing Crysis wouldn't run on a laptop, he…
Microsoft’s Activision Blizzard acquisition is about to clear its final hurdle
microsoft activision blizzard acquisition uk preliminary approval mwiii reveal full 006

Microsoft has had a tough time getting its acquisition of Call of Duty-maker Activision Blizzard approved, but it just cleared a major hurdle. The U.K.'s CMA, which previously blocked the acquisition over concerns about its impact on the cloud gaming market, says that it has "provisionally concluded" that Microsoft has addressed its biggest issues with the acquisition.

Namely, it likes that Microsoft will give the cloud gaming rights for Activision Blizzard games to Ubisoft. "The prior sale of the cloud gaming rights will establish Ubisoft as a key supplier of content to cloud gaming services, replicating the role that Activision would have played in the market as an independent player," the CMA explained in a press release. "In contrast to the original deal, Microsoft will no longer control cloud gaming rights for Activision’s content, so would not be in a position to limit access to Activision’s key content to its own cloud gaming service or to withhold those games from rivals."
Its press release also reveals that Ubisoft will have the ability to make "Microsoft to port Activision games to operating systems other than Windows and support game emulators when requested." Essentially, it's pleased that Microsoft no longer has an iron grip on Activision Blizzard games outside of the Xbox ecosystem and is closer to supporting the deal because of it. Of course, both Microsoft and Activision Blizzard are pretty happy about this.
"We are encouraged by this positive development in the CMA’s review process," Microsoft president Brad Smith tweeted. "We presented solutions that we believe fully address the CMA’s remaining concerns related to cloud game streaming, and we will continue to work toward earning approval to close prior to the October 18 deadline."
Meanwhile, an Activision Blizzard spokesperson provided Digital Trends with the following statement: "The CMA’s preliminary approval is great news for our future with Microsoft. We’re pleased the CMA has responded positively to the solutions Microsoft has proposed, and we look forward to working with Microsoft toward completing the regulatory review process."
A final decision from the CMA is expected to be made by October 6. As Smith mentioned, Microsoft's Activision Blizzard acquisition is expected to close by October 18.

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Microsoft gives Activision Blizzard cloud gaming rights to Ubisoft
Microsoft's Xbox Cloud Gaming Service Enters Beta This Week

Microsoft announced its intention to grant Ubisoft, the publisher behind series like Assassin's Creed and Far Cry, the cloud streaming rights for Activision Blizzard titles if Microsoft's acquisition of the Call of Duty publisher goes through.
This deal was made in order to appease the U.K.'s Competition and Markets Authority (CMA). Microsoft has not had an easy time trying to acquire Activision Blizzard as it has run into heavy resistance from regulatory bodies like the U.S. Federal Trade Commission (FTC) and the U.K.'s CMA. The CMA's complaints centered around the potential monopoly Microsoft could have on cloud gaming if the deal were to go through. There was speculation that Microsoft would divest its U.K. cloud gaming efforts to appease the CMA, but it has now presented this new plan that would technically make it give up control of Activision Blizzard game-streaming rights worldwide for the next 15 years.
In a blog post, Microsoft President Brad Smith explainsed that if the Activision Blizzard acquisition happens, Microsoft will give "cloud streaming rights for all current and new Activision Blizzard PC and console games released over the next 15 years" in perpetuity following a one-off payment.
Essentially, Ubisoft will be the one deciding which cloud gaming platforms and services to put Activision Blizzard games on, not Microsoft. Smith claims that this means "Microsoft will not be in a position either to release Activision Blizzard games exclusively on its own cloud streaming service -- Xbox Cloud Gaming -- or to exclusively control the licensing terms of Activision Blizzard games for rival services," and that Ubisoft will allow them to honor existing agreements with companies like Nvidia. 

Ubisoft has been cloud gaming friendly over the past several years, eagerly putting its games on services like Google Stadia and Amazon Luna. With this deal, Ubisoft says it plans to bring Activision Blizzard games to its Ubisoft+ subscription service. Activision Blizzard CEO Bobby Kotick also commented on the deal, saying that he approves of the deal, but that "nothing substantially changes with the addition of this divestiture" for Activision Blizzard and its investors.
The current deadline for Microsoft's Activision Blizzard acquisition is October 18.

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Microsoft’s Activision Blizzard acquisition is going to take even longer
inarius diablo 4

Microsoft and Activision Blizzard have agreed to extend the deadline for its impending merger. The companies now have until October 18 to close the deal, extending their original deadline by months.

The original cutoff for Microsoft's Activision Blizzard buyout was July 18, however, that finish line wasn't an easy one to cross. Just before that date, Microsoft had to face off against the FTC in a court case to decide the deal's fate. A San Francisco judge ruled in Microsoft's favor with only days to go before the July date. With a few other loose ends to tie up, Microsoft now has until mid-October to get it done.

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