Sony has urged the UK’s Competition and Market’s Authority to either block Microsoft’s proposed $100 billion takeover of Activision Blizzard outright, or force the company to sell Call Of Duty as a proviso.
Microsoft is arguing that without the flagship gaming title, the deal cannot be completed. It has already struck decade-long licencing arrangements with Nvidia and Nintendo which ensure the title would be available on their gaming platforms, and has attempted to make a similar deal with Sony.
Sony argues that Microsoft’s past conduct is a sign that these so-called ‘behavioural remedies’ are toothless.
“Behavioral remedies are unsuited to this case because of the lever they would give Microsoft over PlayStation and the difficulty the CMA would encounter in specifying, monitoring, policing, and enforcing any behavioral commitment,” Sony’s lawyers argued.
The Competition and Market’s Authority tends to agree. CEO Sarah Cardell said such remedies aren’t effective “particularly in a sector where technology or business models are changing quickly.”
Microsoft simply pointing to the fact it is “proposing a package of licensing remedies,” which guarantees they won’t be able to engage in anti-competitive behaviour.
