EU Antitrust Regulators Seek Developer Input on Microsoft's Activision Acquisition

As the European Union's antitrust authorities prepare to scrutinize Microsoft's proposed takeover of Activision Blizzard, they are distributing surveys to developers to assess concerns surrounding the potential merger. According to Reuters, the EU is slated to announce its preliminary decision on the acquisition by November 8, with developers having until October 10 to respond to the survey. A four-month investigation is anticipated to commence thereafter. The comprehensive questionnaire, comprising around 100 questions, delves into topics such as the potential impact on developers' and publishers' negotiating power when selling games via Microsoft's platforms, the significance of the Call of Duty franchise for platform holders and subscription service providers, and the availability of alternatives if Microsoft decides to make Activision Blizzard's games exclusive to Xbox and related services. Other areas of inquiry include the potential advantages of exclusivity for Microsoft and Windows on PC, the implications of Activision's user data for Microsoft's game development and distribution capabilities, and the potential shift in perceptions regarding the attractiveness of cloud gaming services. Similar surveys have been conducted by other regulatory bodies as part of their own investigations. In August, the Brazilian regulator's publication of such documents revealed Sony's concerns that Microsoft's ownership of Call of Duty could sway console purchasing decisions. Recently, it was reported that Brazil and Saudi Arabia have approved the deal, while the US Federal Trade Commission and the UK's Competition and Markets Authority are in the second phase of their investigations, with the former possibly reaching a decision by late November and the latter expected to submit its final report by March 1.