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...der CMA-Entscheidung, bzw. die Hründe weshalb MS nicht mit der Entscheidung einverstanden ist. Quelle ist MLex:
- In the response to the remedies working paper MS said that customers would lose out the merger's benefits and that a veto would be "disproportionate.”
- MS also said that the CMA would be overreaching and "cutting across" the assessments by other regulators around the globe.
- Some market players told the CMA they believed vetoing the deal was "excessive," while others said it would be disproportionate if alternative, effective remedies were available. Others said they did not see harm to competition in the first place.
- Only Sony and an undisclosed third party agreed with vetoing the deal.
- MS argued that prohibiting the merger would "be tantamount to lowering the evidentiary bar required to block a transaction because it is in a digital market." "Refusing to consider behavioral remedies in new digital markets simply because such markets are 'dynamic' or 'evolving' has the same effect, making it harder to obtain merger clearances in digital mergers”.
- MS believed that prohibiting the deal worldwide would be "disproportionate" because it would have an impact beyond the UK, arguing that vetoing the deal "would not be limited to the UK and would undermine the deal worldwide, and as such 'the effect of the CMA's conclusion in relation to a tiny part of the gaming world (cloud gaming) would have a grossly disproportionate and extensively extra-territorial effect', including 'denying a non-UK company, Microsoft, the freedom to conduct its business as it wishes outside the UK."
- MS stated that while UK laws do not preclude the CMA from adopting remedies that may have impacts outside the country, they also do not "permit the CMA simply to ignore the extra-territorial consequences of its actions."
- Microsoft also told the CMA that the merger had been approved unconditionally in several countries and that "the European Commission was engaging extensively with a behavioral remedy.” "By imposing a prohibition remedy, the CMA would in practice be cutting across the regulatory assessments and remedial solutions of other regulators in other jurisdictions."
- MLex also says that the veto should alarm tech companies like Broadcom or Amazon, among other large tech companies expecting to make an acquisition or in the process.
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