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Microsoft wants to finish the process for the purchase of Activision Blizzard as soon as possible, while the CMA continues to insist on torpedoing it. That has been, broadly speaking, the summary of this first hearing before the British CAT. As you know, since the CMA rejected the purchase of Activision Blizzard, both Activision itself and Microsoft decided to appeal the decision before the CAT, the British Competition Tribunal, which is the one who will ultimately have the last word. In the event that the appeal is successful, not only will the CMA’s decision be revoked, but the agency could even pay the costs of the process, as Microsoft has requested.
Today took place first hearing before the CAT. And, thanks to the extensive summary provided by the analyst Florian Muller, we have been able to know how it has developed. In general terms, Microsoft has maintained its position and has requested that the process be carried out without further delay, because the CMA decision is creating uncertainty globally. And this despite being the only body to oppose the purchase, to date, adding today the approval of South Korea.
Microsoft wins the first assault on the CMA against the CAT: the process will end in summer
The central axis of this first hearing before the CAT has been to determine how long the judicial process will last. On the one hand, the CMA has proposed that the process be extended until September or October, because its final decision has more than 400 pages and that the process will be long.
What is the British CAT and what is its role in the regulation of competition
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However, Microsoft has understood that the longer the process takes, the more risks it runs that the purchase could be completed, so it has requested that it end in the summer at the latest. In addition, it has highlighted that the other competition agencies have given their “yes” to the purchase, with the CMA being the only objector so far and that extending it further may cause disruption. Finally, Microsoft has defended that the CMA cannot count on more time to respond to the claim than Microsoft has had to raise it: that is, 4 weeks. Finally, Microsoft has ended up taking the cat into the water, according to Mueller points out:
“The hearing will take place the weeks of July 24 and 31, but the Court may not need every day of that two-week period. Judge Smith believes that 10 days would be excessive; a 6-day view would be significantly longer than Microsoft’s proposed 4-day view,” Mueller said.
For its part, Activision Blizzard has only intervened at the end of the hearing, but it has been devastating. His lawyers have alleged serious procedural flaws, as well as his unfair analysis of cloud gaming. However, it seems that Microsoft will be the only plaintiff in the process, while Activision Blizzard will appear as a witness.