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Supreme Court Denies Gamers' Last Ditch Effort To Block Microsoft's Activision Acquisition

The parties involved in the so-called Gamers Suit have been denied an injunction to stop Microsoft from buying Activision-Blizzard.

46 Comments

Ten self-proclaimed gamers filed for an emergency injunction in an attempt to stop Microsoft from buying Activision-Blizzard, but were rejected by the Ninth Circuit of Appeals, and now have also been turned down by the Supreme Court. While the plaintiffs involved in the so-called Gamer's Suit were unlikely to succeed where even the FTC failed, there is now one less obstacle for Microsoft in buying Activision-Blizzard.

The gamers originally filed a request with the federal Ninth Circuit Court of Appeals for an injunction to stop the acquisition, and after it was turned down, appealed the decision with the Supreme Court, Variety reports. Supreme Court Justice Elena Kagan denied the motion without explanation.

The basis for the Gamers Suit is that the plaintiffs, as consumers, would suffer "threatened loss or damage" from the merger, which they claim would "substantially lessen competition" in the gaming market.

The Federal Trade Commission also lost its injunction case against Microsoft, with a district judge refusing to grant it to temporarily halt the deal from going through. The FTC's antitrust suit will still go ahead in August, though it seems it could fail now that Sony has agreed to a deal that will guarantee Call of Duty on PlayStation for the next 10 years.

Now, Microsoft's main obstacle is the block put in place by the UK's CMA. Both parties recently agreed to a pause in litigation to negotiate a potential divestment, while Microsoft is also having to negotiate a deadline extension with Activision Blizzard.

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xNSHD

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hahahahaha!!! said it from the beginning this deal will pass and when the UK blocked the deal all the internet trolls took that as a victory. within a few weeks the UK will most likely go back and reverse the decision and the deal will be approved everywhere.

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elric3000

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This "Gamers group" sounds like a bunch of paid shills.

This is the best thing that can happen to Blizzard, who are under terrible management. A deal that could save one of the oldest game developers out there. not to mention the people who work for it. Plus, Activision games on game pass. One is hard pressed to see how any agmer could be remotely impacted negatively. Making Game Pass, which has not been getting a whole lot of top tiered games lately, more of a bargain is a huge asset to gamers who are struggling under the weight of heavy inflation, these days.

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YukoAsho

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The Supreme Court is mostly concerned with constitutional law. Bad as this deal is, there's really nothing about the Constitution here. This is a matter for Congress to deal with by laws.

Besides, with the timeline extended to October, unless there's something major coming out of the UK, it's not like there's no time for the FTC's hearing in August.

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nintendians

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gamers suit - sounds like a bunch of nobodies to me.

who are they?

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deactivated-6737ee1dc6e37

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@nintendians: You answered your own question already :D

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nintendians

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@nickpeck36: so, just bunch of nobodies then???

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johnny0779

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Justice has prevailed once more.....

👍🏻😁👍🏻

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Javier

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Pretty sure Netflix will make a documentary about this 10 guys. "*ssclowns".

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Utnayan

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Edited By Utnayan

Blizzard is horrid right now, and most of their talent is all diversity hired nonsense. (This shows in all their games now especially yesterday's patch in D4 - they have absolutely no clue what they are doing). This is actually the best thing that could happen to Blizzard (And customers who like their IP's) since they went the route of not hiring on talent and love for games and creating/understanding them and their consumers. Microsoft will be cleaning house once the acquisition is closed, and I honestly wouldn't be surprised if it were some Blizzard employees behind some funding of this knowing they are about to be cut loose and this little charade is over. They can also say goodbye to their worthless Q&A "Union" which is doing nothing but keeping these lack luster employees from getting fired.

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Nargg

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@Utnayan: "diversity hired nonsense." You have personal issues that shouldn't be public. Microsoft is also a highly diverse set of employees. Try diversifying yourself and you might not be such an ugly person.

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illegal_peanut

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@Utnayan: I hate how some people crap on the whole diversity hiring thing. Because you're heavily implying that "Minorities in these positions don't know what they're doing. and only white people are the best hires in this type of field. Or any high paying field.".

Second, Blizzard started to get worse back when D3 launch back in 2012. And that was back when the company was as white as a Hillbilly wedding.

Honestly, ever since Activision and Blizzard merged, the Company lost all of its soul.

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YukoAsho

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@illegal_peanut: It's not much of an implication, is it? Most "anti-woke" people are just straight-up racists. Honestly, I appreciated the old-school racists that just went out and said it.

Also, you're not wrong about the merger. The company's been trash for a very long time, and their "diversity" is just a desperate cover for the continued allegations of sexual harassment going on in that cesspool. No one can really say Microsoft bought ABK for anything other than CoD (or maybe King), when CoD is the only hot property ABK have left.

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illegal_peanut

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@YukoAsho: Sadly, many companies do that.

They try to save face by hiring a bunch of minorities into their field. Which in itself is a great thing. But is done for all the wrong reasons. Instead of it inspiring minorities to join a stable company or job. We're put in those positions as a scapegoat and human shields distracting everyone from the main issues. And to make the company regain any amount of respect. With the idea behind these diversity hires being, "See I can't be racist, or a bigot. Because I hire non-white Employees all the time.". As if that magically fixes bigotry, sexism, and homophobia in the workplace, and is the answer. Instead of just firing people who are bigoted, Sexist, or homophobic. Or fixing the systematic racism/sexism in the field, and or just force a change in the work culture to be more equal.

And to make it worse. Us minorities are so desperate for a job, let alone working big name companies like Blizzard, Disney, EA, etc. We end up taking those opportunities with the most open arms. On top of that, it REALLY helps out your resume that you worked at names like “Activision-Blizzard”, “Google”, “Microsoft”, “Apple”, etc. Because names like that on your resume helps you to forever get good jobs.

It's sad man. Rich people are taking disenfranchised minority groups and giving them a seat at the career job table for all the wrong reasons. And we’re treated as the main problem of the job field. Even though Management is the main problem for all the jobs because… hmmm… I don’t know… They’re in charge of every decision which makes them the blame for every decision. IDK maybe I’m crazy or something But that’s what I think.

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YukoAsho

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Edited By YukoAsho

@illegal_peanut: Being Hispanic, I get the problem. We're never going to be more than token hires by people who want us to be the scapegoat. You ask me, the only way that changes in gaming is for some minority millionaires to step up and say "You don't want us? Fine, we'll make our own." Much like BET and Univision have forced Hollywood to acknowledge minority talent in cinema, we need something along those lines for gaming companies to take notice.

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Nargg

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Edited By Nargg

@illegal_peanut: Yup, you're crazy.

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mogan

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mogan  Moderator

@Utnayan: How do you know most of Blizzard's talent are diversity hires?

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Utnayan

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Edited By Utnayan

@mogan: After the Alex debacle there was a major shift to over-correct for PR purposes (Virtue signaling) Diversity leadership and executive leadership concentrations were installed- IE: Link below. But VP levels and hiring practices were affected way before 2022.

Blizzard Hires First Head Of Culture To Help Improve Diversity And Inclusivity - GameSpot)

Hiring practices drastically shifted as the actual talent left in droves (Since 2021) People hired were no longer hired on "shipped" titles and love of the industry (Which I thought was a ridiculous practice anyway) and instead quotas for diversity were instilled regardless of design/programming experience. Before to work at Blizzard you had to eat, breath and sleep video games. Now they do not even play them much less test through QA (Which was unionized out of Albany and all that did was protect the jobs of people who do not do their job - even if a few select knew how to to begin with). The result is overbloat of a course correction that was purely for PR visibility - after the MS acquisition they will be downsized and the IP's restructured to have actual talent behind them. Customers will still have to deal with the fact that Gamepass has forced lowest common denominator development as "The game is included in the sub" and high end revenues are now flat lined as that is the model for a predictable recurring revenue stream - so extra effort goes by the way side. MS won't work on that until they see subs drop which won't happen for a while. Most are locked in on 3 year deals converted (Still today and still stacking today) from Xbox Live game cards purchased at online discounts converting 90 days to 51 of GPU (Gamepass Ultimate) where people can buy 3 months subs off the web for $6-8 dollars on sale and auto-convert up to 3 years. This capability will stop September 1 when Xbox Live goes away (So stock up) but the end result of subs will still be good through 2026. Then figure about 70% forget to cancel their sub and it renews. :P So that will be a while yet. So basically what that means today, using this method (Perfectly legal - MS allows it) you can get 3 years of GPU for $150.29 prepaid on XBox Live 3 month discounted digital codes. List price for three years is 539.64. So you can see the huge price advantage here. (Which also works in MS's advantage for subscriber PR)

But all in all, and I have no love for Microsoft and some of their business practices, but this is a win for gamers - Blizzard is about as low as it can get right now. They have hit rock bottom and even with LCD cycles, whatever MS puts on Gamepass with these IP's with a talent pool they will have, will be far better than what is coming out today.

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mogan

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mogan  Moderator

@Utnayan: Why couldn't Blizzard have hired people who both checked diversity boxes and were qualified to work there?

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Slash_out

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Edited By Slash_out

@mogan: Because when you have quotas you have to fill them regardless of if the skills of the individual are better than those not included in the quotas. They can be "qualified" but unlikely to be as qualified if that hire was made through the much bigger pool not restricted by quotas.

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Nargg

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@Slash_out: That quota thing was a government thing and decades ago. It's not in force any more. Companies hire qualified people regardless of their background or beliefs.

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illegal_peanut

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@mogan: He doesn't.

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Utnayan

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@illegal_peanut: We need a roll eyes emoji.

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YukoAsho

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@Utnayan:For people like you.

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illegal_peanut

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Edited By illegal_peanut

Two, How is that going to lessen competition? Sony is literally using Call of Duty as a crutch. We lost SOCOM, Resistance, and Killzone. All because they would rather buy timed exclusive rights to Call of Duty instead of making similar games in that genre. Plus, if it goes through Nintendo will be able to have a CoD game on it. This is big since the last CoD game that came out on the Nintendo was on the Wii-U back in 2013, a whole decade ago.

Three, people really need to give up at this point. This is Microsoft. Their legal team is literally the most polished high-quality thing they own.

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Nargg

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@illegal_peanut: I seriously don't think it would take a high paid lawyer to win this fight. More likely it's their highly paid executives that built this merger to work and work well.

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illegal_peanut

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One, I'm not surprised.

The supreme court was literally made with rich people and rich people in mind. The majority of their cases (Especially right now) have been helping out organizations, and political groups to save not thousands, not millions, but billions of dollars on cases that make them dodge paying dues.


Like with the abortion case, which forces mothers to pay money for a kid they don't want let alone need, that can also kill them in some cases. Now made a thing

Or, the student debt forgiveness plan, which would've helped tens of millions of teens who were tricked into getting into college without a full understanding of what it's about (Like myself, And 70% of my classmates who work at a minimum wage job with some fancy pants degree. Or worse if your me because you can't get through the program because of a F***ing waitlist). Now completely denied (Because some rich A-hole needs ANOTHER yacht. And I really need to be paying off nearly 10 thousand dollars while I'm still in college. God this country is a joke.).

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Feral411

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@illegal_peanut: tricked in to college? Lmao, it’s called do your research and see what degree might be useful or required for certain jobs. Then check the availability of those jobs and a forecast for if, by the time you’re done school, there’s likely to be a great need for more people in those positions.

Is tuition too high, for sure. Prices are insane, but to say you were tricked in to going just means you didn’t do any research yourself and just went with “they say you need to be a college graduate to get a good job”.

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illegal_peanut

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@feral411: They literally told us "As long as you have a degree you'll be guaranteed a job.". Teachers and college grads in other fields told me the exact goddamn thing. And when I asked any more questions they would say stuff like "You're worrying too much." or "Don't believe the people who call it a scam".

And when we did our research none of it said anything about a "Job forecast", or a "Job demand", or "needing connections". They literally sold it as "You get a degree and it works like a VIP pass for jobs.". That's what my parents told me, my teachers, and even my school principal. Hell, my politician cousins told me that. EVERYONE told me that. And when I did ask any questions in college. People acted as if I was questioning myself instead of the system, and how it works.

Also, riddle me this. If you don't know a concept, how are you supposed to do your research? Because I learned about needing connections, 2 years into college. I learned about "Job forecasts", and "Job demand" on accident recently. Mind you I've been in and out for almost 8 years (because of that stupid waitlist).

Lastly, if something isn't a trick, then why do I need to do my research? If it's cut and dry then why do I need to do further research? Tricks tend to need more research and practice to get it. Easy to understand things just need you to read the front and back cover, and isn't a riddle to get.

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Feral411

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Edited By Feral411

@illegal_peanut: the fact that you just took what an institution said, that’s making serious amounts of money off of you, at face value, just goes to show how gullible you were. Someone selling you something and saying it guarantees something without any actual legally binding guarantee should be a clear sign.

That’s like a car salesman saying he guarantees a car will work for 10 years problem free without actually putting that down in writing.

Blaming your unfortunate choice on everyone else is a lot of what’s wrong with this world. Saying why should you have to do any research is just hilarious. Take responsibility for your own choices instead of making excuses.

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Utnayan

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@feral411: You hit the nail right on the head. Personal accountability. Oh wait, my master's in art history got me a job pouring coffee for a living at Starbucks? That's the system's fault! And I cannot believe I am not making 150k a year pouring coffee! Lets protest. :P

It really astounds me how some folks have gotten so dependent on others making choices for them and completely shunning their own accountability in their OWN life.

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illegal_peanut

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@Utnayan: You got to love, "The system isn't broken, you are." apologists.

That believes that your own life is 100% in your control, and no one else can manipulate it but yourself. If that's true then why isn't everyone millionaires, or billionaires, or hell even immortal gods if it's so much in our control?

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Utnayan

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@illegal_peanut: Because my goal in life isn't to become a Millionaire. You really seem to be fixated on money. If you are, go for it. You seem pretty depressed.

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illegal_peanut

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Edited By illegal_peanut

@feral411: You didn't read a lick of what I said there mate. Pfft, telling me to do research and he can't even read a comment.

I just said I asked everyone I knew (Mostly people who went) and I did a few very basic Google searches. That’s the best research I could do at 16 to 18 before I went in. 2nd, I was taught for 18 years of my life to listen to teachers (like everyone else). So why would I assume they would try to scam me into college? 3rd, how smart was I supposed to be at the ripe old age of 18? I never bought anything expensive or big before in my life at that point. The most I spent was $300 on a GPU and that was gifted money. I never even signed a contract until I went into college.

Plus, I knew it was a trick. Because many teachers told students in my class with GPAs of 2.0 to 1.2 (C to D) that they should go. Not consider, go. Same with special ed, and kids with severe reading disabilities. And after going to college. I realized you would need at least a 3.5 to actually make it through college.

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Feral411

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Edited By Feral411

@illegal_peanut: LMAO, way to contradict yourself:

“How was I supposed to know it was a trick”

“Plus, I knew it was a trick because teachers told the (kids bad grades) to go”

Just lost all credibility there

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illegal_peanut

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Edited By illegal_peanut

@feral411: Yeah, because you're supposed to know something is a trick before you get tricked, not after you get tricked... And it's not like a trick can still make you unsure even if you know something feels off. No one was going to believe an 18-year-old's assumptions. Teenagers aren't the most level-headed at that age. So, I had to go with people's ideas that were decades older than me than my gut. You can not trust something but still agree with it, because it has more merit than your uncertainty.

Seriously, maybe actually go to college before you try to criticize people about it. I don't have time to explain why it sucks, to an 11-year-old like yourself. Anyone who went will tell you it's a scam. Like a timeshare.

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Nargg

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Edited By Nargg

@illegal_peanut: Welcome to "Rhetorical Fallacies R Us" *sigh* All of you guys.

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phili878

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Wish these guys good luck paying for the M$ army of lawyers.... Jesus, I can't even imagine....

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alex33x

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This is a good thing. Why would anyone try to stop it?

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shadow6323

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Love when idiots fail hard

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MarthsCape

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Remember, Kagan is all about protecting individuals' interests, all about helping to do whatever she can for the underdog... Until it gets to the point where her finances might be affected, where massive businesses she supports because they're 'super friendly to minorities' are the ones at bat.

Suddenly, the idea that a monopoly might be forming doesn't matter to her, because her virtues are being signaled, and her pockets are quietly being lined.

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judaspete

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@MarthsCape: That's a lot of misdirected anger.

Look, I would have liked to see this deal blocked, but the laws to block it just aren't there. The FTC tried to come up with something and couldn't. Kagan, in this hypothetical scenario where she is the justice most in control of the Supreme Court, would have to full-on "legislate from the bench" to do anything here.

For a deal like this to be blocked in the future, new laws will need to be pushed through Congress, giving the FTC way more discretion and power than it currently has.

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Nargg

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Edited By Nargg

@judaspete: So, if you owned a company and wanted to sell it, laws should stop you from doing so? That seems backwards thinking.

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judaspete

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Edited By judaspete

@nargg: Acquisitions are not the only way to sell your company if you want out. Something the size we are yalking about will most likely be publicly traded, so pick a new CEO and sell off your majority stake. But if by some miracle you build a company that big and are still the sole owner, sell it to another rich guy. If it's too big for any other rich guy, spin off some smaller companies and sell them to a few rich guys.

I don't like seeing industries consolidate on such a large scale like this. It may not be a monopoly, but it's a huge chunk of the industry under one roof. Activision has been around since near the beginning.

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Mosapi

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@nargg: Not really the reason MS is getting all this mainly so they are not trying to build a monopoly again and others get it so it's clear they are not building a monopoly. Tbh MS is totally building a monopoly with gp as the reason why gamers shouldn't be worry about it. It's basically a step up from Epic's bs exclusive buy outs but instead of just buying time releases, MS is buying entire publishers for their rental service and picking games to become exclusives instead of paying studios to make exclusives. I mean it's clear of the three MS is probably the weakest when it comes to funding new or old exclusives IPs since they started banking on gp to win everyone over.

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