FTC sues to block Microsoft’s acquisition of Activision Blizzard
The Federal Trade Commission said on Thursday it has filed an antitrust case against Microsoft to challenge the software maker’s attempt to acquire video game publisher Activision Blizzard, claiming it would violate U.S. law.
This isn’t Microsoft’s first time dealing with competitive pressure. In 1998 the U.S. Justice Department filed a broad antitrust case against the company. Microsoft changed some practices related to its Windows operating system business as a result. Regulators in the United Kingdom are looking into whether the Activision Blizzard acquisition would lessen competition in the country.
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Microsoft announced plans to acquire Activision Blizzard for $68.7 billion in January, with the goal of closing it by June 2023. The deal has come under pressure from Microsoft’s competitors in gaming, such as Sony. Microsoft has repeatedly said it won’t be the world’s leader in gaming if the deal were to close, and it has vowed to provide popular “Call of Duty” games on gaming platforms other than those owned by Microsoft.
“We continue to believe that this deal will expand competition and create more opportunities for gamers and game developers,” Brad Smith, Microsoft’s vice chair and president, said in a statement. “We have been committed since Day One to addressing competitive concerns, including by offering earlier this week proposed concessions to the FTC. While we believed in giving peace a chance, we have complete confidence in our case and welcome the opportunity to present our case in court.”
FTC commissioners voted 3-1 to move forward with the agency’s administrative complaint, which will go before the FTC’s internal administrative law judge. In that process, the ALJ makes an initial decision after a trial-like proceeding. The respondent or FTC staff serving as “complaint counsel” can choose to appeal the initial decision to the full commission for a vote. After that, the respondent could still ask a federal appeals court to review the commission’s order.
“With control of Activision’s content, Microsoft would have the ability and increased incentive to withhold or degrade Activision’s content in ways that substantially lessen competition — including competition on product quality, price, and innovation,” the FTC said in its complaint. “This loss of competition would likely result in significant harm to consumers in multiple markets at a pivotal time for the industry.”
In the statement, the FTC said Microsoft has a record, including with its 2021 ZeniMax deal, of buying games and using the moves to suppress competition from other companies that make consoles. Microsoft promised the European Commission antitrust officials that the company wouldn’t have an incentive to stop people from playin ZeniMax games on consoles other than the Xbox, but after the European Commission permitted the deal to proceed, Microsoft announced that it was making ZeniMax games such as Elder Scrolls VI, Redfall and Starfield into exclusives, the FTC said in its suit.
The FTC said Activision Blizzard has brought its games to a variety of devices, irrespective of their manufacturers, but that might change if Microsoft were to complete the deal. Microsoft could adjust prices or worsen the experience on competing hardware such as Sony PlayStation consoles, or keep Activision Blizzard consoles from reaching consoles other than Microsoft Xbox systems, the agency said.
Microsoft does offer titles that are exclusive to the Xbox, and in October Phil Spencer, CEO of gaming at Microsoft, pointed out that Sony has its own set of exclusive franchises, but over time Microsoft has brought games such as Minecraft to other devices. He argued that it’s important for more people, not less, to play games the company owns.
Microsoft is seeking to add subscribers to its Game Pass service that provides access to hundreds of games. The Game Pass Ultimate subscription tier also allows people to play games that stream from Microsoft data centers on a variety of devices, including smartphones.
The FTC said in its case that the proposed acquisition is reasonably likely to reduce competition or bring about monopolies in the markets for gaming subscription services, cloud gaming and high-performance consoles.
“We want Call of Duty to be enjoyed by more players around the world. That requires COD being on diverse platforms after the merger of Microsoft + Activision Blizzard,” Lulu Cheng Meservey, Activision’s executive vice president for corporate affairs and communications chief, said in a tweet.
The lawsuit represents a major milestone for FTC Chair Lina Khan, who has long signaled aggressive action on tech. While her tenure has included a lawsuit seeking to block Facebook owner Meta from acquiring a virtual reality fitness app developer, the lawsuit seeking to block the Microsoft-Activision deal is notable for its scale, as the largest technology transaction to date.
Khan and her counterpart at the Justice Department’s antitrust division, Jonathan Kanter, have said they want the agencies to become more comfortable with taking big swings, adding that a high win record in court likely means they aren’t challenging enough cases.
Federal enforcers have seen a string of losses in merger challenges in recent months, with the exception of one significant win by the Department of Justice in its case against Penguin Random House’s proposed acquisition of Simon & Schuster.
The FTC’s administrative law judge rejected the commission’s challenge of Illumina’s proposed acquisition of Grail in the biotech space, though the FTC said it will appeal that ruling. The Antitrust Division has also said it’s appealing or considering appealing the three merger cases it lost so far: UnitedHealth Group-Change Healthcare, US Sugar-Imperial Sugar and Booz Allen Hamilton-EverWatch.
Smith previewed Microsoft’s arguments against blocking the deal in a Wall Street Journal opinion piece published earlier this week, saying it would be a “huge mistake.”
“Microsoft faces huge challenges in the gaming industry,” Smith wrote, adding that its Xbox console gaming system is in third place behind Sony’s PlayStation and the Nintendo Switch. Microsoft also has “no meaningful presence in the mobile game industry,” he said. He pointed attention toward Apple and Google, saying that while mobile gaming is a fast growing and high revenue segment, those two app store operators take a “significant portion” of those earnings through their fees on developers.
Activision Blizzard does have a place on mobile devices thanks to its 2016 acquisition of King, which publishes the Candy Crush Saga game. The Candy Crush franchise has over 200 million monthly active users, Activision Blizzard said in November.
Smith noted that Microsoft’s purchase of Activision would let it compete effectively in the gaming industry, spurring innovation and helping customers. He downplayed concerns voiced by competitors such as Sony, saying the company is “as excited about this deal as Blockbuster was about the rise of Netflix.”
Activision Blizzard shares reached a session low of $73 per share after the FTC announced its case. Microsoft had agreed to pay $95 per share.
Bobby Kotick, Activision Blizzard’s CEO, told employees in a memo that the assertion that the deal is anti-competitive doesn’t match with the facts.
“Simply put, a combined Microsoft-ABK will be good for players, good for employees, good for competition and good for the industry,” he wrote. “Our players want choice, and this gives them exactly that.”
Politico reported last month that the FTC was likely to try to block the deal.
Technology
Meta loses $200 billion in value as Zuckerberg focuses earnings call on all the ways company bleeds cash
Mark Zuckerberg, CEO of Meta testifies before the Senate Judiciary Committee at the Dirksen Senate Office Building on January 31, 2024 in Washington, DC.
Alex Wong | Getty Images
Mark Zuckerberg started Meta‘s earnings call by talking about artificial intelligence. Then he moved onto the metaverse, touting his company’s headsets, glasses and operating system. He spent almost the entirety of his opening remarks focused on the many ways Meta loses money.
Investors weren’t into it. Meta shares tumbled as much as 19% in extended trading on Wednesday, wiping out more than $200 billion in market cap. The drop came despite Meta reporting better-than-expected profit and revenue for the first quarter.
Zuckerberg appeared ready for the sell-off.
“I think it’s worth calling that out, that we’ve historically seen a lot of volatility in our stock during this phase of our product playbook where we’re investing in scaling a new product but aren’t yet monetizing it,” Zuckerberg said. He cited past efforts like short-video service Reels, Stories and the transition to mobile.
Meta generates 98% of its revenue from digital advertising. But to the extent Zuckerberg talked about ads, he was looking to the future and the ways the company could potentially turn its current investments into ad dollars. In discussing Meta’s effort to build a “leading AI,” he said, “There are several ways to build a massive business here including scaling business messaging, introducing ads or paid content into AI interactions.”
He spent time talking about Meta Llama 3, the company’s newest large language model, and the recent rollout of Meta AI, the company’s answer to OpenAI’s ChatGPT.
Zuckerberg then moved onto potential opportunities for expansion within the mixed reality headset market, like a headset for work or fitness. Meta opened up access to the operating system that powers its Quest headsets on Monday, which Zuckerberg said will help the mixed reality ecosystem grow faster.
He also talked up Meta’s AR glasses, which he called “the ideal device for an AI assistant because you can let them see what you see and hear what you hear.”
The Ray-Ban Meta Headliner smart glasses.
Jake Piazza | CNBC
In the meantime, Meta’s Reality Labs unit, which houses the company’s hardware and software for development of the nascent metaverse, continues to bleed cash. Reality Labs reported sales of $440 million for the first quarter and $3.85 billion in losses. The division’s cumulative losses since the end of 2020 have topped $45 billion.
Zuckerberg has bought himself some time.
Meta’s stock price almost tripled last year and, as of Wednesday’s close, was up 40% in 2024. It reached a record $527.34 in early April.
After a brutal 2022, during which the company lost about two-thirds of its value, Zuckerberg appears to have regained the confidence of Wall Street.
The driver for the rally has been a cost-cutting plan that the Meta CEO put in place early last year, when he told investors that 2023 would be the “year of efficiency.” The company slashed headcount and eliminated unnecessary projects in an effort to become a “stronger and more nimble organization.”
Zuckerberg said Wednesday that Meta will continue to operate efficiently, but that shifting existing resources to investments in AI will “grow our investment envelope meaningfully.”
Capital expenditures for 2024 are anticipated to be in the $35 billion to $40 billion range, an increase from a prior forecast of $30 billion to $37 billion “as we continue to accelerate our infrastructure investments to support our artificial intelligence (AI) roadmap,” Meta said.
Zuckerberg said he expects to see a “multiyear investment cycle” before Meta’s AI products will scale into profitable services, but noted that the company has a “strong track record” in that department.
Meta finance chief Susan Li echoed Zuckerberg’s remarks, saying the company needs to develop advanced models and scale products before they will drive meaningful revenue.
“While there is tremendous long-term potential, we’re just much earlier on the return curve,” Li said.
Even before the call began, investors were trimming their holdings. That’s because Meta issued a light revenue forecast for the second quarter, overshadowing the first-quarter beat.
As the stock plunge intensified, Zuckerberg told investors that if they’re willing to come along for the ride, they may well be rewarded.
“Historically, investing to build these new scaled experiences in our apps has been a very good long-term investment for us and for investors who stuck with us and the initial signs are quite positive here too,” Zuckerberg said. “But building a leading AI will also be a larger undertaking than the other experiences we’ve added to our apps and this is likely going to take several years.”
U.K. tech startup Synthesia unveiled a new range of AI-generated avatars that can convey emotions like happiness, sadness, and frustration.
Synthesia
Nvidia-backed artificial intelligence firm Synthesia on Thursday unveiled a new wave of AI-generated digital avatars that can convey human emotions using a user’s text inputs.
The company said its “Expressive Avatars” can blur the lines between the virtual world and real characters. It aims to eliminate cameras, microphones, actors, lengthy edits and other costs from the professional video production process. Synthesia has a studio in London, where actors read scripts in front of a green screen to train the system.
In one demonstration, the company showed three lines of text being inserted into its platform — “I am happy. I am sad. I am frustrated” — after which the AI-generated actor in the video responded by reading the text in the tone of each corresponding emotion.
The company’s technology is used by more than 55,000 businesses, including half of the Fortune 100, to make digital avatars for corporate presentations and training videos, according to Synthesia.
Founded in 2017, Synthesia raised $90 million from investors last year at a valuation of around $1 billion, making it one of Britain’s more recent AI “unicorn” firms. Accel, Kleiner Perkins, GV, FirstMark Capital and MMC are also shareholders.
The company addressed concerns over how its videos might be used to create fake news content, saying publishers must sign up as enterprise customers to make synthetic avatars. Content made with its technology is vetted by moderators.
Synthesia doesn’t publicly disclose pricing for its enterprise customers.
The company also requires all of its new clients to undergo a thorough “Know Your Customer” process similar to that used by the banking industry, which helps prevent bad actors from creating fake company profiles to spread misinformation.
Synthesia said it’s already preparing for the upcoming global elections and has implemented a range of controls to ensure its platform isn’t abused by hostile actors seeking to manipulate the outcome of various votes.
The company is also a part of the Coalition for Content Provenance and Authenticity — an organization of AI companies that aims to implement content credentials and digital “watermarking” of AI-generated content to ensure viewers know that what they are looking at is made by artificial intelligence and not by a human.
SK Hynix Inc. signage at the company’s office in Seongnam, South Korea, on Monday, April 22, 2024. SK Hynix is scheduled to release earnings figures on April 25. Photographer: SeongJoon Cho/Bloomberg via Getty Images
Bloomberg | Bloomberg | Getty Images
South Korean memory chipmaker SK Hynix on Thursday reported a net profit of 1.92 trillion South Korean won ($1.39 billion) in the first quarter, reversing a loss of 2.58 trillion won logged in the same period a year ago.
This was the first positive income recorded since the third quarter of 2022, LSEG data showed. SK Hynix posted net losses for five consecutive quarters from a slump in the memory chip market.
Revenue in the first quarter stood at 12.43 trillion won, a 144% increase from a year ago. This was the highest revenue logged since second quarter 2022, according to LSEG data.
SK Hynix attributed the strong performance to an “increase in the sales of AI server products backed by its leadership in AI memory technology including high-bandwidth memory” as well as efforts to drive profitability.
SK Hynix is the world’s second-largest memory chipmaker after Samsung Electronics and supplies high-bandwidth memory chips catering to AI chipsets for companies like Nvidia.
The explosive demand for AI chipsets boosted the high-end memory chip market, hugely benefiting players like SK Hynix and Samsung Electronics.
Large language models such as ChatGPT – which caused AI adoption to skyrocket – require a lot of high-performance memory chips as such chips allow these models to remember details from past conversations and user preferences in order to generate humanlike responses.
To meet AI memory demand, the firm said it plans to increase supply of HBM3E – the latest generation of high-bandwidth memory for AI. SK Hynix said it will also introduce 32GB Double Data Rate 5 products this year to strengthen its leadership in the high-capacity server DRAM market.
“We will continue to work towards improving our financial results by providing the industry’s best performing products at a right time and maintaining the profitability-first commitment,” said Chief Financial Officer Kim Woohyun.
The firm projects the overall memory market to grow steadily in the coming months amid rising demand for AI memory, while the conventional DRAM market starts recovering from the second half of 2024.
Pandemic-induced demand for consumer electronics led companies to stockpile memory chips. But macroeconomic uncertainties such as inflation caused consumers to cut back on purchases of such consumer goods, driving down demand and prices for memory chips.
To address the excess inventories, companies like SK Hynix cut production of its memory chips.
SK Hynix shares slid more than 4% on Thursday morning, though in the last one year, they have jumped more than 100%.
Capturing AI demand
The firm has made recent announcements to meet the AI demand.
The firm on Wednesday said it plans to build a new fab in South Korea, with an estimated completion date set for November 2025, to increase production of the next-generation DRAM including HBM to capture the proliferating demand for AI chips.
Total investment would amount to more than 20 trillion won in the long term, SK Hynix said.
SK Hynix is also partnering with TSMC, the world’s largest contract chip manufacturer, to build high-bandwidth memory 4 chips and next-generation packaging technology. Mass production of the HBM4 chips is expected to start from 2026.
SK Hynix will leverage on TSMC’s leading-edge processes, according to an April 19 statement.
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