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The 5 grounds $MSFT Microsoft Activision $ATVI merger appeal filed May 24 & published May 26 vrs UK CMA include 1: The CMA made fundamental errors in its assessment of the parties current position in cloud gaming services by failing to account for constraints from native gaming
Ground 2: The CMA made fundamental errors in its calculation and assessment of market share data for cloud gaming services and as a result failed to take into account relevant considerations in its competitive assessment. $MSFT $ATVI
Ground 3: The CMA’s finding that $ATVI Activision would have been likely to make its gaming content available on cloud gaming services absent the #Merger was irrational and arrived at in a procedurally unfair manner. $MSFT
Ground 4: The CMA’s findings that the parties would have the ability and incentive to foreclose rival cloud gaming services by withholding access to $ATVI's gaming content post-Merger was unlawful. In particular, the analysis was affected by four errors...
each of which in isolation, separately, and/or cumulatively, renders the findings on ability and incentive unlawful, irrational, and/or disproportionate. $MSFT $ATVI
In assessing remedial action for the SLC, the CMA: a) Erred in law by proceeding on the basis that it had a duty to impose what it described as a comprehensive remedy, thus failing to consider a range of remedies and assess their benefits and detriments in the round...$
b) Unlawfully failed to take account of the interests of comity; c) Erred in rejecting the $MSFT Cloud Remedy, which rejection was in all the circumstances disproportionate; and d) Acted in breach of the Respondent’s common law duty of fairness and the CMA’s own remedies guidance
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