Microsoft CEO Satya Nadella arrives at the U.S. DIstrict Court for the Northern District of California in San Francisco on June 28, 2023.
Philip Pacheco | Bloomberg | Getty Images
Microsoft and its current major acquisition target, video game publisher Activision Blizzard, have wrapped up their five days in court in San Francisco as the Federal Trade Commission sought to stop the deal from closing, but not without several fascinating facts coming to light.
And not only about games. Information on Microsoft’s business ambitions, its process for okaying acquisitions, and its most critical rivals in cybersecurity was revealed as part of the hearing process, thanks to documents and testimony from executives. Large releases like this don’t happen every day, and in the past several years Microsoft has avoided prominent trials that can result in several notable disclosures at once.
The FTC had originally planned to bring its case against the deal before an administrative law judge in August but then opted to seek a preliminary injunction in federal court as the agency became worried that Microsoft would try to close, even though some jurisdictions had not cleared the purchase.
In addition to regulators in the U.S. and the United Kingdom, Sony also opposes the deal. Its PlayStation 5 console competes with the Xbox Series S and X consoles, and the company has said that anticompetitive effects would arise if Microsoft were to take control of Activision Blizzard.
Here’s a rundown of notable facts that have trickled out in recent days and are still lingering after both parties presented their closing arguments on Thursday.
Mobile, mobile, mobile. The impulse to expand Microsoft’s gaming business on mobile devices at least in part inspired the Activision acquisition. “It was very imperative to us if we were going to remain [relevant and] grow relevance in the market, we were going to have to find mobile customers for Xbox,” Phil Spencer, Microsoft’s CEO of gaming, said last Friday. Revenue from mobile gaming is growing faster than revenue from gaming on PCs or consoles, and Microsoft executives repeatedly said in the hearings that the company has made little progress on building key mobile gaming content.
Several earlier mobile targets. Microsoft considered several other companies before choosing to buy Activision Blizzard, including FarmVille publisher Zynga, Pokemon Go developer Niantic and Japanese digital entertainment mainstays Sega Sammy and Square Enix, according to testimony and documents released in the case.
Interest in Asia. While Xbox consoles have a respectable market share in the U.S., they’re less popular in Japan, where Nintendo and Sony rule. A 2019 analysis Microsoft produced for a possible Square Enix bid said that “acquiring Square Enix would provide Gaming with market relevance in a region that currently lacks a meaningful Xbox presence, allowing us to reach more gamers in more geographies.”
Valuable incentives. Sony has paid game developers fees to discourage them from shipping games such as “Ghostwire: Tokyo” and “Deathloop” on Xbox, Microsoft executives said. Microsoft pays its own fees, and Spencer said that buying Activision Blizzard would mean Microsoft wouldn’t have to spend as much on incentives.
Many games under consideration. One of the more dramatic moments in the five days of hearings was when the FTC’s lead lawyer, James Weingarten, sought to push Spencer to make certain commitments on Microsoft’s part. Weingarten got Spencer to say he would not pull any future Call of Duty game from PlayStation consoles, a statement that was in keeping with what Microsoft has said for months. Then Weingarten went further, asking Spencer to do the same thing with all Activision content. Spencer did not immediately agree. Activision Blizzard publishes many other games besides Call of Duty, such as those in the Diablo and Overwatch franchises, but the bulk of the attention was on Call of Duty. Jim Ryan, CEO of Sony Interactive Entertainment, wasn’t happy with a Microsoft-generated list of Activision Blizzard games that would remain accessible on the PlayStation after the acquisition closes. “Overwatch is there, but Overwatch 2 is not on there, which is the current version of the game,” he said.
Microsoft’s long-range ambitions. The FTC managed to get ahold of documents Microsoft CEO Satya Nadella sent to top executives and fellow board members that laid out Microsoft’s financial goals for the current decade. The documents showed that Nadella is aiming for Microsoft to generate $500 billion by the 2030 fiscal year, with at least 10% year-over-year revenue growth. One document said Microsoft’s Security, Compliance, Identity and Management business could reach $100 billion in revenue by the 2030 fiscal year, while the company wants its Teams communication app to reach 1 billion monthly active users by then.
Weak hardware access. Spencer said during his testimony that Sony was reluctant to send Microsoft development kits for the PlayStation 5 before its 2020 release, and that prevented Microsoft from optimizing its Minecraft game for Sony’s current console. That put the game at a disadvantage compared with other developers, Spencer said. Ryan, from Sony, explained why his company provides development kits to Microsoft later than it does for other studios. “The commercial risks associated with this knowledge of those feature sets leaking to our principal competitor is not something that we would choose to rely on any contract to enforce,” Ryan said. Gamers can find an older version of Minecraft on the PlayStation 5.
Deal threshold. Amy Hood, Microsoft’s finance chief, said in written testimony for the hearing that she provides final approval for proposed deals under a certain dollar amount, but Microsoft’s board must sign off on deals valued above $500 million. Microsoft had $104 billion in cash and equivalents at the end of March, and 2022 revenue exceeded $204 billion.
Negotiating leverage. Microsoft was determined to ensure that Activision Blizzard’s Call of Duty games remain on Xbox for its current generation, which debuted in 2020. Bobby Kotick, Activision Blizzard’s CEO, conveyed that if Microsoft refused to provide a more favorable revenue share than the usual 70-30 split, then the games would not continue to be available, Microsoft executive Sarah Bond said. An FTC lawyer accidentally mentioned that Microsoft agreed to accept 20% instead of the typical 30%.
Sony’s altered expectations. In early 2022, two days after Microsoft announced its plan to buy Activision Blizzard, Ryan wrote in an email to another Sony Group executive that he was “pretty sure” Call of Duty would be available on PlayStation consoles for many years. But he appeared to lose confidence in that belief. In videotaped testimony, Ryan said he had “significant concerns” as to whether Call of Duty and other Activision Blizzard games would continue to be available on PlayStation after the transaction.
Kotick’s console mistake. Kotick has been in video games for decades, and he fumbled when he looked for the first time at the Nintendo Switch console and decided that it would not be successful. He had been more impressed with Nintendo’s earlier Wii console. The Switch became the third best-selling console of all time. When an FTC lawyer asked Kotick if Activision Blizzard would produce a Call of Duty game for a future Nintendo console, he said, “We missed out on the opportunity for the past generation of Switch, so I would like to think we would be able to do that, but we’d have to look.”
Game Pass opposition. Kotick made it clear that while Activision Blizzard has experimented with putting games in subscription libraries, he didn’t think they would lead to “sustainable long-term business.” He said he considered putting games on Game Pass in 2020 during negotiations with Microsoft over Activision Blizzard’s most recent licensing agreement, but ultimately the company decided not to go forward with it, he said. He couldn’t imagine anyone offering commercial terms that would be favorable, he said.
Whither Amazon? Weingarten pointed out that while Microsoft agreed to provide Call of Duty to small cloud gaming players such as Boosteroid and Ubitus, it has not done the same with Amazon, which fields the Luna cloud gaming service. Amazon is among Microsoft’s most prominent competitors in the cloud-computing business.
Cloud flop. Microsoft has sought to supplement PC and console gaming with a cloud-based streaming option, which is included with the Game Pass Ultimate service, along with a library of games to download and play for a monthly fee. Microsoft began testing cloud gaming with consumers in 2019. Bond testified that gamers mainly use the cloud option not with their phones but with their consoles, while they wait for downloads to finish. At that point, they switch to playing games locally, she said. The cloud gaming option is not growing and is unprofitable, Tim Stuart, finance chief for Microsoft’s Xbox division, said during his testimony. “The feedback to date is that it’s just not good enough as a — you know, definitely as a substitute to any of the current platforms,” Nadella said. “But you know, it can break through at some point, on something new, but it’s not yet happened, both on the economics as well as the content side.”
Sizing up cloud infrastructure. The big-picture memos from Nadella contained figures for the scale of various businesses across Microsoft, and one is more important than the others for the company’s investors. Perhaps the most closely tracked number in Microsoft’s earnings report after revenue and earnings is the growth of the Azure public cloud, because the software maker doesn’t disclose Azure revenue in dollars. One of the Nadella memos said Microsoft’s “infrastructure” revenue in the 2022 fiscal year was $34 billion. The tally was “very close to our estimates,” Bernstein Research analysts led by Mark Moerdler, with the equivalent of a buy rating on Microsoft stock, said in a Thursday note.
Critical security rivals. One of the documents that became publicly available as part of the hearing identified four security companies that Microsoft used to track its sprawling cybersecurity operation. The results contributed to a scorecard to assess performance among Microsoft’s top executives. Scorecard metrics included the percentage of “managed accounts with at least one Okta detection,” the percentage of “commercial Windows 10/11 MAD [monthly active devices] that have CrowdStrike components detected,” the percentage of “mail recipients that are protected by Proofpoint,” and percentage of “Commercial Windows 10/11 MAD that have Symantec DLP components detected.”
Exclusive exploration. Microsoft has argued that it would keep Call of Duty on PlayStation and make games in that franchise available on multiple cloud streaming services for a decade. “The acquisition’s strategic rationale and financial valuation are both aligned toward making Activision games more widely available, not less,” Hood said in written testimony. But on the fifth and final day of hearings, the FTC succeeded in getting witnesses to show that Microsoft did evaluate ways of trying to reduce the availability of Activision Blizzard content on the Sony PlayStation. Stuart confirmed that in preparation for a Microsoft board meeting, executives examined a scenario of lower sales of Activision Blizzard games on the PlayStation and ways of making up for the shortfall with sales of more Xbox consoles and Game Pass subscriptions.
Activision Blizzard and Microsoft have agreed to terminate the deal if it’s not done by July 18. District Judge Jacqueline Scott Corley said on Thursday that she isn’t sure when she’ll decide on the preliminary injunction. “But obviously, I’m mindful,” she said.
The Google Calendar logo is displayed on a tablet.
Igor Golovniov | Sopa Images | Lightrocket | Getty Images
Google‘s popular online and mobile calendars no longer include reference to the first day of Black History Month or Women’s History month, among other holidays and events.
The company’s calendar previously had those days marked at the start of February and March, respectively, but they don’t appear for 2025.
The Verge first reported on the removals from Google Calendar late last week, which followed comments from users.
A Google spokesperson said the changes took place in the middle of last year.
“Some years ago, the Calendar team started manually adding a broader set of cultural moments in a wide number of countries around the world,” the spokesperson said in an email. “We got feedback that some other events and countries were missing — and maintaining hundreds of moments manually and consistently globally wasn’t scalable or sustainable,” the spokesperson added.
Read more CNBC tech news
Google has made numerous changes lately that align with an altered political environment in the U.S. The company recently began scrapping its diversity hiring goals, becoming the latest tech giant to change its approach to hiring and promotions following the election of President Donald Trump. One of Trump’s first acts as president after taking office in January was to sign an executive order ending the government’s DEI programs and putting federal officials overseeing those initiatives on leave.
In late January, the company said it would change the name of the Gulf of Mexico to the “Gulf of America” in Google Maps after the Trump administration updates its “official government sources.” Google also said it would follow Trump and start using the name “Mount McKinley” for the mountain in Alaska currently called Denali.
On Google Calendar, the company has removed other events as well. It previously had Nov. 1 as the first day of Indigenous Peoples Month and June 1 as the start of LGBTQ+ Pride month.
The company spokesperson said that in mid-2024, the company “returned to showing only public holidays and national observances from timeanddate.com globally, while allowing users to manually add other important moments.” The timeanddate.com website says its company has 40 employees and is based in Norway.
Google Calendar users noticed the changes and left comments in the user support web pages and on social media. The user support site previously received comments from people upset about the company adding such observances.
Jyoti Bansal, co-founder and CEO of startup Harness.
Harness
Jyoti Bansal knows about weird acquisitions.
Eight years ago, his software company, AppDynamics, was on the doorstep of a blockbuster IPO. A day before the offering, Cisco swooped in and bought the company for $2.7 billion
Now Bansal is at the center of an equally unconventional combination.
Since 2020, Bansal has been running two startups as co-founder and CEO: Harness and Traceable. The former’s technology helps companies manage code and the latter’s software observes where companies are unintentionally letting out sensitive data.
Late this month or early next, Harness and Traceable will merge. The resulting company will have 1,100 employees, $250 million in expected 2025 annualized revenue, a 50% growth rate and a valuation of about $5 billion.
“It’s about the same size that AppDynamics was when we were about to go public,” Bansal told CNBC in an interview last week.
Through the combination, Bansal said, Harness will be able to sell more products to customers, and Traceable will be better insulated from competitors like HashiCorp, which IBM has agreed to buy, and Akamai, which acquired security startup Noname last year.
This time, Bansal wants an active stock ticker.
In an interview last year with CNBC’s Make It, Bansal said he was unfulfilled after selling AppDynamics and that he didn’t finish what he had started.
“Everyone told me, ‘You should retire. Go on the beach. What else do you need to do?'” Bansal said. “That was my first instinct, as well. I wanted to trek in the Himalayas, hike Machu Picchu, do a safari in Africa, see the fjords in Norway. In six months, my bucket list was done. And I started to realize: That’s not it for me.”
Bansal got back to work and set up Big Labs, a studio for exploring startup ideas. Big Labs spawned Harness in 2017 and then Traceable in 2020. Sanjay Nagaraj, Traceable’s other co-founder, recalled working on the security startup in a dedicated Big Labs room at Harness’ San Francisco headquarters.
The arrangement was unorthodox.
“I’ve never done this before, backed a CEO to run two companies simultaneously,” said Harrick, who joined Institutional Venture Partners in 2001 and sits on the boards of Harness and Traceable. “But Jyoti is that good. He’s not only a great executive, but he hires well and he delegates well, and so I just talked to Jyoti. I said, ‘This is a major risk.’ I got his assurance he wouldn’t do a third one.”
Establishing Harness and Traceable as separate companies made sense to Bansal at the time, because their products would typically get sold to different buyers within an organization. But that’s changed in the past year or two, he said, as engineering and technology leaders have started to also make decisions on procuring tools for securing code and data.
Employees took notice of the shift and, during all-hands meetings at both companies, would repeatedly ask Bansal about a consolidation, he said. Questions also came from clients.
“The Harness team would go set up a meeting with an executive at a bank or some of our customers,” Bansal said. “I would go into the meeting and the executive would say, ‘It’s a one-hour meeting. Can we save the last 15 minutes? Because I also want to talk about Traceable.'”
Bansal was effectively the first IT person at both companies, setting up the same Google productivity apps and Carta equity management software as each got started. A spokesperson said 70% of Traceable’s largest customers are Harness customers as well.
The cultures were also similar. As Harness and Traceable matured, Bansal picked a general manager to run each distinctive new product, or module. When examining revenue for the modules, executives at both startups rely on a theory that Battery Ventures investor Neeraj Agrawal calls “triple, triple, double, double, double,” or T2D3. The model, which Agrawal wrote about in TechCrunch in 2015, describes the annualized revenue growth that cloud software startups can target.
In November, Bansal told the two boards that his companies were on converging paths and that it would be difficult to keep them from competing with each other. He got clearance for a merger.
Initially, Traceable will operate as as its own unit within Harness, the parent company, and Nagaraj will be general manager. Bansal said the structure may change in the future.
He’s confident that the technologies will pair well together and can benefit from tighter integrations. Harness will be able to help clients understand the origin of their source code, and Traceable can show how people are using it.
Harrick calls it’s a good outcome, and said he’s excited to consolidate his bet on Bansal.
“I think it’s a benefit for all investors for him to focus on operating one company instead of two,” Harrick said.
French President Emmanuel Macron greets journalists after meetings with guests at the Elysee Palace before the opening ceremony of the Paris 2024 Olympic Games in Paris, France, July 26, 2024. REUTERS/Yara Nard
Yara Nardi | Reuters
France’s artificial intelligence sector will receive 109 billion euros ($112.6 billion) of private investment in the “coming years,” President Emmanuel Macron announced Sunday ahead of the country’s global AI summit.
Speaking with French broadcaster TF1, Macron described the multibillion-euro pledge as “the equivalent for France of what the United States announced with Stargate,” referring to U.S. President Donald Trump’s massive $500 billion private AI investment project.
The U.S. joint venture, dubbed Stargate, will see OpenAI, Oracle and SoftBank spend up to $500 billion on AI infrastructure in America over the next four years.
Meanwhile, the French financing will include commitments from the United Arab Emirates, American and Canadian investments funds and French companies like telecommunications firms Iliad and Orange, and aerospace and defense group Thales.
A few days before France’s AI Action Summit, which kicked off on Monday, the UAE said it would invest between 30 billion euros and 50 billion euros in the construction of a one-gigawatt AI data center in France as part of a campus focused on the technology’s development.
Iliad committed to spending 3 billion euros on AI infrastructure, while Paris-based AI firm Mistral announced plans to invest billions to build its own data center in France.
Victor Riparbelli, CEO of British AI startup Synthesia, said Macron’s 109-billion-euro investment plan was a “great” thing for the European AI ecosystem — but added that more is needed to ensure the continent is able to compete with tech heavyweights like the U.S. and China.
“We need to set the right foundations for Europe to thrive as an ecosystem,” Riparbelli told CNBC’s Arjun Kharpal Monday.
“It’s great that we invest more in infrastructure. I don’t think it’s the sole solution to the problem. There’s lots of other things we need to worry about as well. But what I think is really great, is there’s political will to actually do something,” he added.
Global AI race in focus
The Artificial Intelligence Action Summit will see world leaders and bosses from some of the leading companies developing the technology gather in Paris.
Big-name attendees include U.S. Vice President JD Vance, EU President Ursula von der Leyen, German Chancellor Olaf Scholz, Canadian Prime Minister Justin Trudeau, Google CEO Sundar Pichai, Microsoft President Brad Smith, OpenAI CEO Sam Altman, Google DeepMind CEO Demis Hassabis and Anthropic CEO Dario Amodei.
Elon Musk is currently not slated to attend.
On Saturday, Axios reported that OpenAI’s Altman will this week warn world leaders they need to widen their AI mindset so that, rather than just focusing on risk — as has often been the case in Europe — leaders will instead look to embrace growth and opportunity.
The emergence of Chinese firm DeepSeek’s breakthrough open-source AI model R1 in recent weeks has stirred debates in the industry around the huge capital expenditures companies are committing toward computing infrastructure to train their systems.
Last month, semiconductor research firm SemiAnalysis estimated that DeepSeek’s hardware spend is higher than $500 million over the company’s history, adding that the startup’s research and development and ownership costs are significant.
On Sunday, Google DeepMind’s Hassabis said DeepSeek’s AI model is “probably the best work” he’s seen out of China — but added that, from a technology point of view, it was not a big change.
“Despite the hype, there’s no actual new scientific advance … it’s using known techniques [in AI],” Hassabis said, adding that the hype around Deepseek has been “exaggerated a little bit.”
Nevertheless, with companies spending billions on data centers filled with advanced semiconductors from U.S. chipmaker Nvidia, DeepSeek’s new model has led to worries of a potential bubble in the AI space.
Ahead of the AI summit, Mike Capone, CEO of U.S. software firm Qlik, told CNBC that DeepSeek is likely to be a major discussion point this week as world governments grapple with China’s AI advances.
“This summit isn’t just about AI—it’s about influence,” Capone told CNBC on Friday. “Expect a strategic messaging war as U.S., French, and UK AI leaders downplay DeepSeek’s relevance while China works to prove it’s not just catching up — it’s setting the pace.”
“AI diplomacy is now as critical as AI development. The power struggle won’t be about who builds the best model; it’ll be about who controls the AI narrative,” he added.