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Big Business Gets Bigger
  + stars: | 2023-07-21 | by ( German Lopez | More About German Lopez | ) www.nytimes.com   time to read: +1 min
Courts push backThe Biden administration released guidelines this week that seek to toughen antitrust law, which restricts anticompetitive practices. Under Khan, the F.T.C. has also pushed courts to effectively lower the burden of proof required to show that a merger is anticompetitive. “But it often seems that courts will not let plaintiffs win an antitrust case based on circumstantial evidence.”The F.T.C. The last major shift in antitrust law, in the 1970s, came after decades of work by conservatives to push the law and courts in their direction.
Persons: Biden, Khan, , Douglas Melamed, Organizations: Stanford Law School, Microsoft, Activision Locations: Europe
The US government is waging a "war on business" with its new rules on mergers and acquisitions, Larry Summers said. The 13 new guidelines are a "substantial risk" and problematic, the former Treasury Secretary said. Get the inside scoop on today’s biggest stories in business, from Wall Street to Silicon Valley — delivered daily. The Justice Department and Federal Trade Commission unveiled 13 fresh guidelines on mergers and acquisitions in a bid to block cases of monopoly power and promote competitive markets. "Right now, where I think where you're moving away from low consumer prices as a standard, you're mostly moving into problematic territory," Summers said.
Persons: Larry Summers, Biden, Summers, Jonathan Kanter, There's Organizations: The Justice Department, FTC, Service, Bloomberg, Justice Department, Federal Trade Commission, Antitrust, Activision Blizzard Locations: Wall, Silicon, Harvard
July 20 (Reuters) - The US Federal Trade Commission is poised to pause its in-house trial against Microsoft Corp's (MSFT.O) $69 billion acquisition of Activision Blizzard (ATVI.O) opening the door to potential settlement talks, Bloomberg News reported on Thursday. Microsoft and FTC did not immediately respond to Reuters requests for comment. Reporting by Mrinmay Dey in Bengaluru; Editing by Shailesh KuberOur Standards: The Thomson Reuters Trust Principles.
Persons: Mrinmay Dey, Shailesh Organizations: US Federal Trade Commission, Microsoft, Activision Blizzard, Bloomberg, FTC, Thomson Locations: Bengaluru
LONDON, July 20 (Reuters) - Britain's antitrust regulator is waiting for Microsoft to submit a modified deal structure to buy "Call of Duty" maker Activision Blizzard, its boss Sarah Cardell said on Thursday. "We understand from Microsoft that they would like to put forward proposals to us to restructure the deal, potentially re-notifying that deal, to address our competition concerns," she told Sky News. The Competition and Markets Authority (CMA) blocked the $69 billion deal in April over concerns about its impact on competition in the cloud gaming market. Cardell said any new proposal put forward by Microsoft would "need to fully and comprehensively resolve our concerns". Reporting by Paul Sandle; editing by Sarah Young and Kate HoltonOur Standards: The Thomson Reuters Trust Principles.
Persons: Sarah Cardell, Cardell, Paul Sandle, Sarah Young, Kate Holton Organizations: Microsoft, Activision Blizzard, Sky News, Markets Authority, U.S, FTC, CMA, Thomson
WASHINGTON, July 20 (Reuters) - The U.S. Federal Trade Commission official on Thursday withdrew the agency's case before an in-house judge that sought to block Microsoft's (MSFT.O) $69 billion acquisition of game-maker Activision (ATVI.O). The agency has been pursuing a two-pronged attack against the proposed transaction. One was in district court, which refused last week to slap a preliminary injunction on the proposed transaction. The second was before an FTC administrative law judge, where the deal was set to go to trial on Aug. 2. It was this attack that the agency put on hold on Thursday, in an order made by FTC Secretary April Tabor.
Persons: Tabor, Diane Bartz, Stephen Coates Organizations: U.S . Federal Trade Commission, Thursday, Activision, Microsoft, Thomson
The U.S. Justice Department and Federal Trade Commission (FTC) have mounted an unprecedented number of legal challenges to mergers since Biden came to office in 2021. The Justice Department lost a merger in the insurance industry but won an effort to stop a book publisher merger. Deal advisers said companies had already braced for a tough antitrust regime under Biden and some had been emboldened by the regulators' recent court losses. "The (regulators' guidelines) do provide more transparency but that transparency also reveals some concerns that they are quite hostile to consolidation. The new antitrust guidelines also reflect the White House's focus on labor issues.
Persons: Gonzalo Fuentes, Joe Biden's, Biden, Department's, Kenneth Schwartz, Flom, Fiona Schaeffer, Milbank, Elizabeth Warren, Warren, Diane Bartz, Richard Chang, Chizu Nomiyama, Daniel Wallis Organizations: Viva Technology, Porte de, REUTERS, U.S . Justice Department, Federal Trade Commission, Microsoft, Activision Blizzard Inc, FTC, Meta, Justice Department, JetBlue Airways, Spirit Airlines Inc, Amazon.com, Amazon, Flom LLP, Global, LSEG, Intelligence, Democrat, Congress, Thomson Locations: Porte, Paris, France, WASHINGTON, Skadden, Slate
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Persons: Dow Jones Organizations: microsoft, activision
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. https://www.wsj.com/articles/microsoft-and-activision-blizzard-still-committed-to-75-billion-merger-sources-say-6362ca13
Persons: Dow Jones Organizations: microsoft, activision
July 19 (Reuters) - Activision Blizzard (ATVI.O) and Microsoft (MSFT.O) on Wednesday extended the deadline for the close of their $69 billion deal by three months to Oct. 18 as the American companies work to secure UK approval for the biggest gaming deal in history. The extension will "provide ample time to work through the final regulatory issues," Microsoft President Brad Smith said in a tweet. Strength in those titles helped Activision beat market estimates for second-quarter net bookings and adjusted profit in the second quarter, it announced on Wednesday. The deadline extension came after the companies had to contend with varying concerns from regulators in the UK and the United States. Microsoft responded to these concerns by offering 10-year licensing deals to rivals after the deal closes.
Persons: Brad Smith, Bobby Kotick, Chavi Mehta, Yuvraj Malik, Devika Organizations: Activision, Microsoft, Reuters, HK, Sony, Diablo, FTC, Nintendo, PlayStation, CMA, Sony Group, Xbox, Thomson Locations: United States, Bengaluru
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailFTC's Lina Khan on Microsoft-Activision loss: We fully believe in our system of judicial reviewLina Khan, FTC Chair, joins 'Squawk on the Street' to discuss the latest announcement of guidelines, how judges will consider the FTC's guidelines, and what gives Khan confidence the commission's latest guidelines won't become outdated.
Persons: FTC's Lina Khan, Lina Khan Organizations: Microsoft, Activision
Microsoft and Activision Blizzard said on Wednesday that they were delaying a $69 billion merger as the two companies scrambled to get final approval from British antitrust regulators. The new extension, set for Oct. 18, signals that the two companies believe they will complete the deal but need more time to satisfy regulators’ concerns. When Microsoft announced its plans to acquire the video game publisher Activision in early 2022, the two companies set a deadline of July 18 this year to close the deal. The revised agreement introduced an escalating breakup fee that Microsoft would have to pay to Activision if the purchase fell through, from $3 billion until Aug. 29, then growing to as much as $4.5 billion if it does not close by Sept. 15. “We are confident about our prospects for getting this deal across the finish line,” Brad Smith, Microsoft’s president, wrote on Twitter.
Persons: Activision Blizzard, Brad Smith Organizations: Microsoft, Activision, Twitter
Vertical mergers have historically received less attention from regulators and the courts, but Wednesday’s draft guidelines explicitly say that the US government may consider certain kinds of vertical mergers to be harmful to competition. Spurred by an executive order signed by President Joe Biden in 2021, Wednesday’s draft updates are the result of more than a year of development. (The new draft guidelines, a copy of which CNN reviewed, do not directly reference the consumer welfare standard.) And the Justice Department lost its appeal to block a multimillion-dollar merger between two major sugar producers in another closely watched case. “Unfortunately, things don’t always go our way,” Khan said in response to questions about whether the FTC has exceeded its authority.
Persons: , , General Merrick Garland, Lina Khan, Jonathan Kanter, Joe Biden, Khan, Meta, Simon, Simon & Schuster, Kanter, , don’t, ” Khan, Biden, Zillow Organizations: CNN, The Justice Department, Federal Trade Commission, Wednesday, Justice Department, Activision Blizzard, FTC, , DOJ, Microsoft, Activision, Department, Facebook, Nvidia, ARM, American Airlines, JetBlue, Penguin Random, Simon &, Agriculture
The Federal Trade Commission and the Department of Justice Antitrust Division announced on Wednesday new long-awaited guidelines on how they will enforce merger law. Almost two years ago, the FTC voted to withdraw the previous version of the vertical merger guidelines released in 2020, citing flaws. A vertical merger is a transaction between two businesses that are often in different parts of the supply chain in an industry, according to the FTC. Microsoft's proposed $68.7 billion purchase of Activision Blizzard is an example of a vertical merger, because Microsoft distributes games through its Xbox consoles and streaming services, while Activision creates the games. On the call with reporters, the FTC official and a senior DOJ official said the guidelines reflect their updated approach to enforcing merger law, emphasizing the law itself has not changed.
Persons: Antitrust Jonathan Kanter, Lina Khan, Microsoft's, Jonathan Kanter, they're Organizations: Antitrust, Federal Trade, American Bar Association Antitrust, Marriott Marquis, Washington , D.C, Federal Trade Commission, Department of Justice Antitrust, FTC, Activision Blizzard, Microsoft, Activision, Big Tech, DOJ, Facebook, Democratic, CNBC, YouTube Locations: Washington ,
Microsoft and Activision extend their deal deadline
  + stars: | 2023-07-19 | by ( Brian Fung | ) edition.cnn.com   time to read: +3 min
Washington CNN —Microsoft and Activision have mutually agreed to extend their merger deadline by three months in the face of ongoing negotiations with the UK government that could allow the $69 billion acquisition to close, the two companies announced on Wednesday. The announcement highlights the commitment by both companies to complete the deal after back-to-back court defeats for US regulators who had challenged the merger. The new contractual deadline for consummating the deal will be October 18, the companies said. If the deal fails to close by Sept. 15, the breakup fee could increase to $4.5 billion, the filing said. We’re confident in our next steps and that our deal will quickly close.”In a memo to employees, Activision CEO Bobby Kotick thanked staff for their patience.
Persons: ” Brad Smith, We’re, Bobby Kotick, , ” Kotick, Phil Spencer, ” Spencer Organizations: Washington CNN, Microsoft, Activision, Securities and Exchange Commission, Markets Authority, CMA, Activision Blizzard, Locations: U.S, United States
read moreIn Washington, the FTC has been pursuing a two-pronged attack against the proposed transaction. One was in district court, which refused last week to slap a preliminary injunction on the proposed transaction. An appeals court also turned down a request for the deal to be paused. The second is before an FTC administrative law judge, where a trial is to begin on Aug. 2. Reporting by Diane Bartz and Jasper Ward; Editing by Tim Ahmann and Stephen CoatesOur Standards: The Thomson Reuters Trust Principles.
Persons: Diane Bartz, Jasper Ward, Tim Ahmann, Stephen Coates Organizations: Microsoft, Activision, U.S . Federal Trade Commission, FTC, Thomson Locations: Washington
Microsoft and Activision Blizzard on Wednesday agreed to extend the deadline for their merger agreement until Oct. 18, Activision said in a statement Wednesday. If Microsoft had not extended the deal deadline, the company could have been on the hook for a $3 billion breakup fee to Activision Blizzard. By extending the period for the companies to close their transaction, Microsoft and Activision are giving themselves more time to satisfy regulators' concerns and to get it over the line. By Aug. 29, the breakup fee will be increased to $3.5 billion if the transaction is terminated by the parties, while by Sept. 15, the potential breakup fee will rise to $4.5 billion. The Activision board also agreed a 99 cents per share dividend to sweeten the deal for investors.
Organizations: Microsoft, Activision Blizzard, Activision Locations: U.S
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailActivision-Blizzard CEO on Microsoft deal: Shareholders are 'overwhelmingly positive' on dealBobby Kotick, Activision CEO, joins 'Squawk on the Street' to discuss the company's deal with Microsoft, if Kotick is enthusiastic about the merger between both companies, and the expectations for what's left until approval in the United Kingdom.
Persons: Bobby Kotick, Kotick, what's Organizations: Activision, Microsoft Locations: United Kingdom
Broadcom's $69 bln VMware deal wins provisional UK clearance
  + stars: | 2023-07-19 | by ( ) www.reuters.com   time to read: +2 min
[1/2] 3D printed clouds and figurines are seen in front of the VMware cloud service logo in this illustration taken February 8, 2022. REUTERS/Dado Ruvic/IllustrationLONDON, July 19 (Reuters) - Britain's competition regulator provisionally cleared U.S. tech company Broadcom's (AVGO.O) $69 billion purchase of VMware (VMW.N) on Wednesday, saying the deal would not weaken competition in the supply of critical computer server products. The proposed deal has highlighted chipmaker Broadcom's aim to diversify into enterprise software, but comes as regulators worldwide ramp up scrutiny of deals by Big Tech. Broadcom welcomed the unconditional approval, saying it expects to close the deal in the current fiscal year. The $69 billion deal, consisting of $61 billion in equity and the rest in debt, is also being examined by U.S. Federal Trade Commission.
Persons: Dado Ruvic, Muvija M, Paul Sandle, William James, Jane Merriman Organizations: VMware, REUTERS, Broadcom's, Union, Broadcom, CMA, Big Tech, U.S . Federal Trade Commission, Activision, Thomson Locations: British
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailWatch CNBC's full interview with Activision-Blizzard CEO Bobby Kotick on Microsoft dealBobby Kotick, Activision CEO, joins 'Squawk on the Street' to discuss the company's deal with Microsoft, if Kotick is enthusiastic about the merger between both companies, and the expectations for what's left until approval in the United Kingdom.
Persons: Bobby Kotick, Kotick, what's Organizations: Activision, Microsoft Locations: United Kingdom
Wall Street kicked off the week with bullish takes on several high-flying tech stocks in the portfolio — validating our decision to stick with these mega-caps heading into quarterly earnings. It's also important to understand that some price target raises are just chasing a big move, and that the price reaction to an earnings release has less to do with the results and much more to do with expectations. It's also why Citigroup also put AMD on a "negative catalyst watch," meaning it is negative on the stock heading into earnings. In the analysts' view, Apple has an opportunity to grow its revenue by seven times in the U.S. over the next decade to about $40 billion, while adding 170 million new users. Microsoft What the analysts say: Analysts at Mizuho reiterated their buy rating on Microsoft while taking up their price target to $390 from $360.
Persons: bullish, Meta, It's, CUDA, Morgan Stanley, we're, , Jim Cramer, monetize, Jim Cramer's, Jim, Jensen Huang, Sam Yeh Organizations: Nvidia, Apple, Microsoft, Devices, Citigroup, AMD, Intel, Mizuho, Activision Blizzard, JMP Securities, Jim Cramer's Charitable, CNBC, Afp, Getty Locations: U.S, China, India, Taipei
CNBC Daily Open brings investors up to speed on everything they need to know, no matter where they are. Meanwhile, China's lackluster gross domestic product figures, released yesterday, prompted Wall Street to cut their expectations of China's annual growth to around 5%. Peak oil demandIndia imported 2.2 million barrels of Russian oil per day in June. Since Russia invaded Ukraine in February last year and oil price caps were instituted, India has become one of the leading importers of Russian oil. Buffett previously revealed Berkshire added to its initial Activision stake in a bet the deal would close and cause shares to rise.
Persons: Hong, Hong Hao, Viktor Katona, Berkshire Hathaway, Buffett, Bitcoin, bitcoin Organizations: New York Stock Exchange, CNBC, Grow Investment, Activision Blizzard, Microsoft, Activision, BlackRock Locations: New York City, Asia, Pacific, India, Russia, Ukraine, Berkshire
The European Union approved the deal in May, when it accepted commitments to license games to rival platforms. At the same time, Microsoft offered a "detailed and complex" new proposal to the CMA, prompting the regulator to take the unprecedented step of reopening talks. The CMA said it was awaiting further Microsoft submissions on what had changed and how it would restructure the transaction. "We will then consider whether the proposals create a new merger situation and address the CMA's competition concerns," a spokesperson said on Tuesday. CLOSED FOR BUSINESSAfter the CMA block, Microsoft thundered that Britain was closed for business; exactly what the government did not want to hear as it tries to reignite the economy after the uncertainty sparked by Brexit.
Persons: we've, Becket McGrath, they're, Brexit, Tom Smith, Brad Smith, Jeremy Hunt, Meta, Smith, Marcus Smith, Gareth Mills, Charles Russell Speechlys, Sam Tobin, James Davey, Kate Holton, Sharon Singleton Organizations: CMA, Microsoft, U.S, Activision Blizzard, Markets Authority, Xbox, FTC, Reuters, European Union, Activision, CAT, Euclid Law, Geradin Partners, Brexit, Britain's, Facebook, Meta, Markets Unit, Thomson Locations: U.S, Barcelona, Brexit, London, Brussels, British, United States, Britain
Parts of Europe and the southern United States are expected to experience record-breaking highs, with consequences for human health and economic activity. As China faces sweltering heat, John Kerry, the U.S. climate envoy, met with the country’s premier to urge cooperation in fighting climate change. Microsoft and Activision reportedly plan to extend a deadline for their deal. The Competition and Markets Authority, which had previously moved to block the transaction, has set an Aug. 29 deadline for the talks. Under new rules negotiated by the Treasury Department, American businesses now have until 2026 before other countries can start imposing new levies on corporations deemed to have paid too little in the United States.
Persons: Fink, Jamal Khashoggi, John Kerry, isn’t, Elizabeth Warren, Tesla, Elon Musk, Biden Organizations: Investment Initiative, Northern, Microsoft, Activision, Bloomberg, The, Markets Authority, Massachusetts Democrat, Elon, Twitter, Treasury Department Locations: Saudi, Europe, United States, China, U.S, Massachusetts
This report is from today's CNBC Daily Open, our new, international markets newsletter. CNBC Daily Open brings investors up to speed on everything they need to know, no matter where they are. Waiting for earningsU.S. stocks made slight gains Monday, but trading volume was lower than average as investors braced for second-quarter earning. Merger bonanzaWarren Buffett's Berkshire Hathaway reduced its stake in Activision Blizzard from 6.7% last year to 1.9% yesterday, according to a securities filing released Monday. Buffett previously revealed Berkshire added to its initial Activision stake in a bet the deal would close and cause shares to rise.
Persons: Antonio Guterres, Berkshire Hathaway, Buffett, Jim Jordan, Mark Zuckerberg, Ed Yardeni Organizations: CNBC, Initiative, Activision Blizzard, Microsoft, Activision, Twitter, Yardeni Research Locations: Russia, Ukraine, Berkshire
WASHINGTON, July 18 (Reuters) - Twenty-two Republican lawmakers urged the Federal Trade Commission to drop its fight against Microsoft's (MSFT.O) deal to buy video game maker Activision Blizzard (ATVI.O), calling it "an example of the FTC’s rejection of sound antitrust policy." In response to the losses, the lawmakers, said: "We write to express our concerns, and to urge you to drop this matter." Microsoft, maker of the Xbox video game console, has been fighting for months to save the $69 billion deal, which was criticized by U.S. and British antitrust enforcers, but appears close to finalizing it. The acquisition of "Call of Duty" video game maker Activision would be Microsoft's biggest ever and the largest in the history of the video game industry. "For two decades, Microsoft’s Xbox business has been the much smaller challenger in the video game publishing and video game console markets," they added.
Persons: Microsoft's, Lina Khan, James Comer, Jim Jordan, Diane Bartz, Leslie Adler Organizations: Federal Trade Commission, Activision, Republican, Representatives, U.S, Microsoft, Committee, FTC, Xbox, Thomson
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