UK competition regulator opposes Microsoft’s $69bn Activision deal

London — Britain placed another hurdle in the way of Microsoft’s $69bn mega purchase of Call of Duty maker Activision Blizzard, saying it could harm gamers by weakening the rivalry between Xbox and Sony’s PlayStation.

The Competition and Markets Authority (CMA) said on Wednesday the biggest-ever deal in gaming, announced a year ago, could result in higher prices, fewer choices and less innovation for millions of players, as well as stifling competition in cloud gaming.

It said Activision’s flagship Call of Duty franchise was important in driving competition between consoles, and Microsoft could benefit by making the game exclusive to Xbox, or only available on PlayStation under materially worse conditions.

The deal is being scrutinised in the US and Europe, as well as in Britain, where the CMA showed its willingness to take on Big Tech in 2021 when it blocked Facebook-owner Meta’s acquisition of Giphy.

In December, the US moved to block the deal, citing Microsoft’s record of hoarding valuable gaming content. The Federal Trade Commission has set a hearing before a judge for August this year.

The EU is also readying a statement of objections about the deal, sources told Reuters last month.

Microsoft has pledged to keep Call of Duty on PlayStation. The popularity of the franchise is undimmed nearly two decades after launch, with the latest instalment achieving $1bn sales in its first 10 days in October.

But the US tech giant has said the deal is about more than Call of Duty.

It has said buying the company that also makes Overwatch and Candy Crush would charge its growth in mobile, PC and cloud gaming, as well as consoles, helping it compete with the likes of Tencent and Sony.

Sony, however, has led opposition to the deal, saying last year that it was “bad for competition, bad for the gaming industry and bad for gamers themselves”.

The CMA investigation’s chair, Martin Coleman, said his job was to make sure that British gamers were not caught in the crossfire of global deals that could damage competition and result in higher prices, fewer choices, or less innovation.

“We have provisionally found that this may be the case here,” he said.

Shares in Activision were down 3% in early trading in New York. Microsoft, which announced an artificial intelligence-driven revamp of its search capabilities on Tuesday, was up 2.4%.

Microsoft said it would address the CMA’s concerns.

“Our commitment to grant long-term 100% equal access to Call of Duty to Sony, Nintendo, Steam and others  preserves the deal’s benefits to gamers and developers and increases competition in the market,” corporate vice-president and deputy general counsel Rima Alaily said.

The company stressed that equal meant parity on content, pricing, features, quality and playability for 10 years.

In December, it struck a 10-year deal to bring Call of Duty to Nintendo’s platforms, a move some analysts said was designed to put pressure on Sony.

Activision Blizzard said the CMA’s findings were provisional and both parties had a chance to respond before it issues a final report by April 26.

“We hope between now and April we will be able to help the CMA better understand our industry to ensure they can achieve their stated mandate to promote an environment where people can be confident they are getting great choices and fair deals, (and) where competitive, fair-dealing business can innovate and thrive,” a spokesperson said.

Reuters