through its official websiteThe United Kingdom’s Court of Appeal, CAT, affirmed that first ruling in the CMA case Reverse Microsoft will happen on the day May 30th.
In the post, the cat mentioned that Microsoft relied on it Five big points, highlighting CMA errors in judgment and impact statements. The hearing is expected to take place at 2pm local time (10am GMT) and is expected to last the rest of the afternoon and into the early evening. Check out the points made by the Redmond giant:
1) The basis: CMA made material errors in its assessment of Microsoft’s current position in cloud gaming services by not considering the limitations of native games (where players prefer games installed on their devices via digital download or physical disc), thus jeopardizing the completion of the SLC:
a) In the market definition analysis, the CMA did not consider the possibility of moving to native games, which led to the wrong conclusion that cloud game services fall into a separate product market;
b) even on the basis of a misidentified and restrictive market definition on the part of the respondent, the CMA did not take into account relevant limitations outside the domestic gaming market in its competitive assessment;
c) The CMA made material 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;
2) foundation: the CMA faulted for not having access to cloud game providers to license streaming rights to their games, including Activision’s game content;
3) the basis: the CMA’s conclusion that Activision would make game content available on cloud gaming services without the merger was unreasonable and amounted to procedurally unfair;
4) foundationThe CMA’s findings were that Microsoft had the ability and incentive to disqualify competing cloud gaming services by blocking access to Activision’s gaming content after the merger was illegal. In particular, the CMA analysis suffered from four errors, each of which, separately and/or cumulatively, rendered findings about ability and motivation illegal, unreasonable, and/or disproportionate.
a) the CMA erroneously relied on evidence that so-called AAA games would be important to cloud gaming services to conclude that Activision games, in particular, would be very important;
b) the CMA failed to consider relevant evidence of immediate losses arising from virtual executions, which showed that Microsoft would have no incentive to deny access to competitors to Activision’s games;
5) foundationWhen evaluating the corrective action, the Capital Market Authority:
a) He erred in the law in proceeding on the basis that he had a duty to impose what he described as a sweeping measure, and failed to consider a series of remedies and assess their benefits and harms in round;
b) Non-compliance with the Authority’s interests illegally.
c) fail to refuse Microsoft Agreements, which refusal was disproportionate in all the circumstances;
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