Britain’s antitrust watchdog said that a new merger investigation into Microsoft Corp.’s $69 billion Activision Blizzard Inc. deal may be needed if the duo restructure their deal in a bid to reverse a UK veto.
The comments follow its move to put on hold an appeal trial against its decision to block the largest ever gaming deal after a US court approved it. That gives the firms a chance to suggest potential fixes to allay UK concerns that the takeover would stymie competition.
“Merging parties don’t have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal, which can lead to a new merger investigation,” a spokesperson from the Competition and Markets Authority said in a statement Wednesday.
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Sending the deal back to first base in the UK would mean starting a new “phase 1” CMA probe. This would look at whether a deal could cause potential competition issues and structural remedies are often considered at this stage.
“Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis,” the spokesperson said. “These discussions remain at an early stage and the nature and timing of next steps will be determined in due course.”
Microsoft was heading to an appeal trial at the Competition Appeal Tribunal against the CMA’s decision to block the deal. The trial was due to kick off on July 28.
Earlier Tuesday Microsoft won approval from a US court to move forward with the deal in a blow to the US Federal Trade Commission, which was trying to block it.
(Updates with more detail in the fourth paragraph)
