CMA open to "new merger investigation" if Microsoft restructures Activision Blizzard deal
But stands by its original verdict.
The UK's Competition and Markets Authority (CMA) has suggested a "new merger investigation" into Microsoft's proposed acquisition of Activision Blizzard is not out of the question, following Microsoft's court case win against the US Federal Trade Commission yesterday.
The CMA has remained an outlier in Microsoft's ongoing bid to buy Call of Duty maker Activision Blizzard, being one of the only bodies to oppose the deal.
In April, the CMA cited concerns over the deal's proposed impact on the cloud gaming sector as its reason for blocking the acquisition, stating Microsoft's ownership of Activision Blizzard risked "stifling competition in this growing market".
Following the court's decision in the US yesterday, Microsoft and Activision agreed with the CMA that a "stay of litigation" would be in the "public interest". The relevent parties then made a "joint submission to the Competition Appeal Tribunal to this effect".
The CMA has now said that its discussions with Microsoft are still in the "early stages", and the decision which was set out in its final report earlier this year "still stands". However, it is open to a new investigation should the deal be restructured.
In a statement shared with Eurogamer, a CMA spokesperson said that "whilst merging parties don't have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal". This could lead to a "new merger investigation" into the deal taking place.
"Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis," the statement continued.
"These discussions remain at an early stage and the nature and timing of next steps will be determined in due course. While both parties have requested a pause in Microsoft's appeal to allow these discussions to take place, the CMA decision set out in its final report still stands."
Earlier this year, Microsoft said it would begin a long and likely arduous route to appeal the CMA's decision to block its aquisition of Activision Blizzard later this month.
Meanwhile, last month it was reported that Microsoft had considered "extreme" options such as withdrawing Activision Blizzard from the UK completely in a bid to bypass the UK's block of its deal.
The only other major regulator to take issue with Microsoft's proposed deal was the EU's European Commission. However, it ultimately gave the deal the go-ahead after deciding it was happy with concessions made by Microsoft for the acquisition going through.