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"It's a combination of the FTC and (Justice Department) being willing to litigate and the fact that companies are fighting back," Grosberg said. More recently, they have lost four attempts to block mergers in court, though they are appealing two of the cases. The Justice Department did not immediately respond to requests for comment. Break-up fees that acquirers agree to pay their targets if their deal gets shot down by antitrust regulators are also on the rise. Many companies facing merger challenges say they will fight on, emboldened by the four court losses of the Justice Department and FTC.
There's a strong interest from acquirers in hot trends like commerce media and data consultancy. Experts predicted the companies most likely to be acquirers of advertising businesses in 2023. Many industry observers expect advertising industry M&A deal volume and value to be down next year due to volatile macroeconomic conditions. Experts across the advertising industry — from consultants, to agency executives, analysts, investors, and adtech leaders — named the companies likely to be active in the advertising M&A market in 2023 and why. Apple could make an under-the-radar adtech acquisition for its sleeping giant advertising businessIndustry insiders predict Apple has big plans for its $5 billion-and-growing advertising business next year.
Activision's Boston studio workers announce unionization
  + stars: | 2022-12-27 | by ( ) www.reuters.com   time to read: +1 min
Dec 27 (Reuters) - A majority of workers at videogame publisher Activision Blizzard Inc's (ATVI.O) recently acquired studio Proletariat said on Tuesday that they are forming a union with the Communications Workers of America. The move would make the Boston-based studio, the third Activision Blizzard studio to seek unionization. The 57 workers in the Proletariat unit – that include animators, designers, engineers, producers and quality assurance workers – said they have filed for a union representation election with the National Labor Relations Board. Earlier in July, Activision said that it had Proletariat to expand the development pipeline of its online role-playing game "World of Warcraft". Workers who test games at Activision's unit Blizzard Albany have voted to form a union months after the company began negotiating with employees at its Wisconsin unit, the first in the company to unionize.
Microsoft Responds to FTC Suit Over Activision Deal
  + stars: | 2022-12-22 | by ( Sarah E. Needleman | ) www.wsj.com   time to read: 1 min
Microsoft Corp. has filed a rebuttal to a Federal Trade Commission lawsuit aimed at blocking the software giant’s $75 billion purchase of Activision Blizzard Inc., saying the deal will not hurt competition in the videogaming industry. The software giant said in its defense of the deal that it is not the videogame industry’s top console company or software developer and its acquisition is aimed at becoming more competitive through its Xbox videogaming unit.
Microsoft Corp said on Thursday its $69 billion bid to buy “Call of Duty” maker Activision Blizzard would benefit gamers and gaming companies alike. “The acquisition of a single game by the third-place console manufacturer cannot upend a highly competitive industry. That is particularly so when the manufacturer has made clear it will not withhold the game,” Microsoft said in Thursday’s filing. The US Department of Justice recently stopped a $2.2 billion merger of Penguin Random House, the world’s largest book publisher, and smaller US rival Simon & Schuster. The Microsoft deal is also facing scrutiny outside the United States, with the European Union saying it would decide by March 23, 2023, whether to clear or block the deal.
Microsoft on Thursday filed its response to U.S. regulators' antitrust case attempting to block the software maker from buying video-game publisher Activision Blizzard . But then Microsoft revealed its plan to buy Activision Blizzard. To relieve government opposition to the deal, Microsoft has offered concessions. "Sony refuses to deal," Microsoft said in its filing. In the months since then, two groups of Activision Blizzard employees have voted to form unions.
Reuters —Microsoft Corp was hit on Tuesday in US court with a private consumer lawsuit claiming the technology company’s $69 billion bid to purchase “Call of Duty” maker Activision Blizzard Inc will unlawfully squelch competition in the video game industry. The private lawsuit also seeks an order blocking Microsoft from acquiring Activision. It was filed on behalf of 10 video game players in California, New Mexico and New Jersey. The proposed acquisition would give Microsoft “far-outsized market power in the video game industry,” the complaint alleged, “with the ability to foreclose rivals, limit output, reduce consumer choice, raise prices, and further inhibit competition.”A representative for Microsoft did not immediately comment on Tuesday. The FTC previously said it sued to stop “Microsoft from gaining control over a leading independent game studio.” The agency said the merger would harm competition among rival gaming platforms from Nintendo Co Ltd and Sony Group Corp.
The third season of "Emily in Paris" is now available to watch on Netflix . Check out the trailer for 'Emily in Paris' season 3Star Lily Collins returns for season three, along with Philippine Leroy-Beaulieu, Ashley Park, Lucas Bravo, Samuel Arnold, and Bruno Gouery. How to watch 'Emily in Paris'You can watch "Emily in Paris" exclusively on Netflix. The first season of "Emily in Paris" debuted on Netflix in October 2020, to mixed but mostly positive reviews. Will there be a season 4 of 'Emily in Paris'?
[1/2] Activision games "Call of Duty" are pictured in a store in the Manhattan borough of New York City, New York, U.S., January 18, 2022. REUTERS/Carlo Allegri/File PhotoBRUSSELS, Dec 20 (Reuters) - EU antitrust regulators have asked game developers and distributors if they think Microsoft (MSFT.O) will block their access to Activision Blizzard's (ATVI.O) games once it has bought the company, an EU document seen by Reuters shows. "Please specify which partial exclusivity strategy or strategies you believe Microsoft would have the ability to deploy with respect to Activision Blizzard's console games after Microsoft's acquisition of Activision Blizzard," the questionnaire asked. The EU antitrust watchdog asked if such strategies would include degrading the quality or interoperability of Activision's games available on competing consoles or providing upgrades to Activision's games only on Xbox. Regulators asked what advantages and disadvantages game developers and publishers and console game distributors would face if a game is distributed exclusively on one console.
Netflix will be next on Microsoft’s shopping list
  + stars: | 2022-12-20 | by ( Jennifer Saba | ) www.reuters.com   time to read: +3 min
Look for him to add Netflix (NFLX.O) to the list in 2023. Since his 2014 promotion into the technology titan’s corner office, Nadella has embarked on a pricey shopping spree. Later, Microsoft bought LinkedIn for $26 billion and the speech recognition and artificial intelligence software developer Nuance for $20 billion. Even if Nadella loses out on the video-game company for competition reasons, however, owning Netflix would make strategic sense and probably be an easier sell in Washington and Brussels. With a market value 13 times that of Netflix, as of early December, $1.8 trillion Microsoft can afford Netflix.
It was filed on behalf of 10 video game players in California, New Mexico and New Jersey. A Microsoft representative on Tuesday defended the deal, saying in a statement that it "will expand competition and create more opportunities for gamers and game developers." After the FTC sued, Microsoft President Brad Smith said, "We have complete confidence in our case and welcome the opportunity to present our case in court." Private plaintiffs can pursue antitrust claims in U.S. court, even while a related U.S. agency case is pending. The FTC previously said it sued to stop "Microsoft from gaining control over a leading independent game studio."
Despite an economic downturn, experts predict there will be plenty of advertising M&A in 2023. While that could include some and firesales, deals are expected in hot areas like retail media and CTV. Insider spoke to more than a dozen industry experts who dished on the trends that will drive advertising M&A next year. Companies in hot areas like performance marketing, retail media and CTV will buy others to build out their offeringsPerformance marketing, retail media, and the growth of connected TV advertising have been among the hottest trends for advertising companies and agencies in recent years. Areas like retail media and ad-supported streaming are on fire.
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McGovern also collects toys during the holidays, and Insider asked what common mistakes people make. During the holidays, we collect toys for the children of our guests. After nearly 10 years of helping parents provide gifts for their children, here are some of the most common mistakes we see in donations. People are so much more acutely aware of their own poverty around the holidays, especially children. This is one of the biggest mistakes we make, because it delineates "them" from "us."
Microsoft Needs to Play Activision Out
  + stars: | 2022-12-14 | by ( Dan Gallagher | ) www.wsj.com   time to read: +1 min
Phil Spencer, CEO of videogaming at Microsoft, had told The Wall Street Journal, “We have to break that duopoly” of two storefronts controlling the mobile market. One irony of Microsoft Corp.’s battle to acquire Activision Blizzard Inc. is that the deal’s fate may hang on the company’s ability to convince regulators—and now judges—that it has moved beyond the Xbox. Another is that the deal could prove key to reducing the market power of two other tech giants. Consoles were the main way that consumers played videogames then, and their respective makers worked to pile up exclusive content to keep players in their ecosystems. Those exclusive games augmented mega-popular franchises such as “Call of Duty” that were available across platforms.
Diablo IV will be released on PC, Xbox, and PlayStation platforms on June 6, 2023. Diablo IV will launch on June 6, 2023 for Windows PCs, PlayStation 5, PS4, Xbox Series X/S, and Xbox One. The developers of Diablo IV have said one of their primary goals was to return to the franchise's roots of darkness and horror. Diablo IV can connect between platforms, so players on PC, PlayStation, and Xbox should have no issues playing together. Diablo 4 first-look impressionsDiablo IV / Activision BlizzardWe got to try the first few hours of Diablo IV during a hands-on media event.
I shadowed a concierge in charge of high-paying guests at the Four Seasons in downtown New York. The queen ant in this metaphor is 27-year-old guest relations manager Jessica Waddy, whose job revolves around the hotel's high-profile guests and their countless needs. The cellar level of the Four Seasons Hotel New York Downtown. The Empire Suite at Four Seasons Hotel New York Downtown, with rates starting at $25,000 a night. The needs of high-profile guests are listed on a "rider," a document that's typically multiple pages long and attached to their hospitality contract.
The ghost of Instagram haunts Microsoft’s future
  + stars: | 2022-12-09 | by ( Jennifer Saba | ) www.reuters.com   time to read: +3 min
The FTC’s leader Lina Khan might be making up for regulators who waved through Mark Zuckerberg’s $1 billion purchase of Instagram. Though Microsoft’s deal is different, punishment under Khan’s regime seemed inevitable. Microsoft could try to corner the market by forcing consumers to not only buy the Activision games from Microsoft, but the platform as well. Microsoft’s rationale for buying Activision is to better compete in the gaming market against the likes of Tencent (0700.HK) and others. Streaming is the future, and in that way, Microsoft could easily be sidelined in the business if it doesn’t innovate.
"The legal precedent is not on the side of the FTC," said Andre Barlow, an antitrust lawyer at Doyle, Barlow & Mazard PLLC. Barlow pointed to three recent mergers challenged by the FTC or Justice Department that were ultimately allowed to proceed. Those cases share something else in common with the proposed Microsoft deal: in each instance, a company would merge with a supplier in a so-called "vertical" merger. "Vertical merger challenges are really difficult to win so it will be an uphill battle for the FTC," said Roger Alford, who teaches law at the University of Notre Dame. Reuters reported last month that Microsoft was expected to offer remedies to EU antitrust regulators in the coming weeks to stave off formal objections to the deal.
Big deals for the big (and little) screen. Next year is shaping up to be a big one for media deals. Like many other industries, media quickly turned quiet on the dealmaking front this year as the economy soured. However, a stabilization of interest rates, along with money burning a hole in investors' pockets, could lead to a big 2023, insiders say. The landscape for media deals is fascinating when you consider the two opposing forces, as Lucia pointed out to me.
[1/2] A person walks past a Microsoft store in the Manhattan borough of New York City, New York, U.S., January 20, 2022. REUTERS/Carlo Allegri/File PhotoWASHINGTON, Dec 8 (Reuters) - The Biden administration filed a complaint on Thursday aimed at blocking tech giant Microsoft's (MSFT.O) $69 billion bid to buy "Call of Duty" games maker Activision , over concerns the deal would deny rivals access to popular games. Microsoft, which owns the Xbox, said in January 2022 that it would buy Activision for $68.7 billion in the biggest gaming industry deal in history. Shares in Microsoft and Activision both fell on news of the FTC complaint. Chair Lina Khan and the two Democrats on the commission voted to approve the complaint, while Commissioner Christine Wilson voted no.
Washington CNN —The Federal Trade Commission on Thursday sued to block Microsoft’s $69 billion acquisition of Activision Blizzard, challenging one of the largest tech acquisitions in history. “We have been committed since Day One to addressing competition concerns, including by offering earlier this week proposed concessions to the FTC. Microsoft’s proposed deal would give it control over key video game franchises, including “Call of Duty,” “World of Warcraft” and more. But the FTC complaint marks the first attempt by an antitrust regulator to block the deal outright. The list included a promise, which would cover the proposed Activision deal, not to give preferential treatment to its own published games on digital marketplaces it runs.
The FTC filed a challenge seeking to stop Microsoft from buying Activision Blizzard, known for blockbuster games like Call of Duty. The $68.7 billion deal is Microsoft's largest and the biggest in the history of the video game industry. The $68.7 billion deal is Microsoft's largest, not to mention the biggest in the video game industry. In a letter to employees Thursday, Activision Blizzard CEO Bobby Kotick reiterated his "confidence" that the deal will go through. "The competitive landscape is shifting, and, simply put, a combined Microsoft-ABK will be good for players, good for employees, good for competition and good for the industry.
Regulators have raised concerns that Microsoft could block the hit Call of Duty franchise from being released on rivals' games consoles. Microsoft said it has offered Sony a 10-year contract for Call of Duty to be released on the PlayStation on the same day it comes to the Xbox. Microsoft was not immediately available for comment on these points when contacted by CNBC. Spencer also said that Microsoft has "committed" to offer Call of Duty on game distribution platform Steam simultaneously to Xbox after the close of the deal. Activision is the developer for Call of Duty.
Microsoft said late Tuesday it has reached a 10-year deal to bring the 19-year-old game franchise to Nintendo after its acquisition of Activision Blizzard, which makes the game, is completed. The Nintendo deal is the latest attempt by Microsoft to ease concerns that its blockbuster acquisition of the gaming giant could harm competition in the industry. Microsoft head of gaming Phil Spencer announced the commitment with Nintendo in a tweet and said it will continue to offer “Call of Duty” on gaming platform Steam if the deal is completed. The company’s decision to bring “Call of Duty” to Nintendo comes as Microsoft’s Activision deal faces regulatory scrutiny on both sides of the Atlantic. “Nintendo is not a high priority for ‘Call of Duty,’ all things considered – it has done perfectly fine without being on Nintendo recently,” Abbruzzese added.
Retail investors have inflated GameStop 's price to a point that is "disconnected from the fundamentals of the business," according to Wedbush. Analyst Michael Pachter reiterated the stock at underperform with a price target of $6, which reflects a downside of 76.5% compared with where the stock closed Monday. Though trading feels disconnected from actual business trends, Pachter expects its challenges will be apparent in third-quarter earnings and beyond. "GameStop's transformation efforts have missed the mark so far, leaving it to rely on a challenged core business," Pachter said. Pachter expects inventory investments and the success of "Call of Duty: Modern Warfare II" will boost sales in the the third quarter, which will be announced after the bell Wednesday.
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