Sehr interessanter Artikel wo 2 wirkliche Experten (Anwälte) sich äußern. Sehr sachlich und gehen auf die Argumente ein, nehme hier nur einige Auszüge:
Microsoft's proposed acquisition of Activison Blizzard is facing its biggest regulatory hurdle so far: a legal complain…
www.gamesindustry.biz
Will the FTC win this legal battle?
- While many are skeptical about Microsoft's arguments in favour of the merger being approved, Hoeg believes it will still be difficult for the FTC to prevail in court.
- "Finally, the fact that all of these questions are being posed regarding a company that is at least second if not third on the console sales spectrum (in given jurisdictions), makes Microsoft’s arguments more powerful. The FTC has a very tough case."
- That said, he adds that ultimately the arguments most likely to decide the case will be based on precedents in antitrust law – and in that regard, the law is "not on [the FTC's] side."
What happens next?
- Damit sind 2 Wochen vom 08.12.2022 gemeint, als die FTC es bekannt gab: We're approaching the end of of a two-week window in which Microsoft has to answer the FTC's complaint before the formal process truly begins.
- Bis zum Verfahren 02.08.2023: Again, Microsoft could reach a settlement with the FTC at any point during this time, although Hoppe says the latter's commissioners "have indicated that they are skeptical of the value of such settlements."
- "To date it has been very difficult for the FTC to win these cases to stop vertical mergers," Hoppe explains.
- Hoeg adds: "If this went all the way to a court determination, I believe Microsoft would win. The trickier question is whether Microsoft will take this to the end of such a determination or bail out beforehand, particularly if the CMA [The Competition and Markets Authority, a UK regulator] and European Union move against it as well.
"These things take a lot of time, money, and resources, and many agencies are basically betting that a company will drop out based on the pressure they can exert with a complaint."
Richard Hoeg, The Hoeg Law Firm
He adds that the 'penalty fee' Microsoft would pay for abandoning its acquisition of Activision Blizzard is due to increase in the next few months. At present, the Xbox firm would need to pay $2 billion to stop the deal before January 18, 2023, with this rising to $3 billion by April 18.
WAS ZU BEACHTEN IST: Es ist im Grunde eine Frage, ob MS das bis zum Ende auch durchzieht, da es weitere Kosten verursacht oder Sie sagen ok wir steigen aus.