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UK regulator appears to soften stance on Microsoft-Activision deal in surprise move

Britain’s competition regulator, the staunchest opponent of Microsoft’s $69 billion acquisition of gaming giant Activision Blizzard, flat out blocked the deal in April.

It appears the U.K. Competitions and Markets Authority may have now had a change of heart.

After a U.S. judge on Tuesday denied the the Federal Trade Commission’s motion for a preliminary injunction to stop Microsoft from completing its purchase of Activision Blizzard, the U.K. CMA said it was ready to go back to the negotiations table with the Redmond giant.

But what assurances can Microsoft offer to the CMA, after previous attempts at concessions have failed?

Why the CMA blocked the Microsoft-Activision deal

The U.K. CMA efficiently blocked the acquisition in April, saying the deal raises competition concerns in the nascent cloud gaming market. Like other regulators, the CMA is concerned that Microsoft could take Activision games and make them exclusive to its own platforms.

Cloud gaming is a technology that enables gamers to access games via remote servers — effectively streaming a game like you would a movie on Netflix. The technology is still in its infancy, but Microsoft is betting big on it becoming a mainstream way of playing games.

“Allowing Microsoft to take such a strong position in the cloud gaming market just as it begins to grow rapidly would risk undermining the innovation that is crucial to the development of these opportunities,” the CMA said in April.

Why did it change course?

The CMA had been aggressively pushing for Microsoft not to purchase Activision — and its decision to relax its stance has come as a surprise to many.

In its statement, the CMA suggested it would open up negotiations with Microsoft to consider proposals to resolve the dispute.

An Activision Blizzard’s Call of Duty: Modern Warfare video game is inserted into the Microsoft’s Xbox One video game console arranged in Denver, Colorado, on Wednesday, Jan. 19, 2022.

Michael Ciaglo | Bloomberg | Getty Images

“We stand ready to consider any proposals from Microsoft to restructure the transaction in a way that would address the concerns set out in our Final Report,” a CMA spokesperson told CNBC via email on Tuesday.

“In order to be able to prioritise work on these proposals, Microsoft and Activision have agreed with the CMA that a stay of litigation in the UK would be in the public interest and all parties have made a joint submission to the Competition Appeal Tribunal to this effect.”

The regulator could have gone ahead and progressed with legal action in the courts. However, this would have been a lengthy and costly process, and may have been particularly bruising for the watchdog, if it were to lose the case.

Alex Haffner, a competition lawyer at law firm Fladgate, told CNBC that the setback to the FTC essentially left the CMA “exposed to being the only regulator that has actually blocked the deal.”

“Why did they do this? You might call it face saving, you might also call it pragmatic, given the circumstances,” he said.

“It’s been backed into a corner and publicly said it’s announced a stay of the appeal to negotiate with Microsoft,” Haffner added. “You add that, together with the political machinations of all of the heat the CMA’s got. It’s pretty nailed on [that] it’s going to negotiate some kind of settlement with the parties.”

What happens next?

The CMA, Microsoft and Activision now look set to hash out a possible resolution to the regulator’s concerns to get a deal over the line.

Microsoft could seek to provide further commitments to the regulator. It’s not yet clear at this stage what those pledges could look like, but Haffner said they would need to be “proportionate to the concerns raised.”

“There will be an intense period of negotiations on both sides they need to get it done quickly,” Haffner told CNBC. “We’ll get it done in a week or so, I’d say.”

Microsoft has a July 18 deadline to complete the deal.

Microsoft President Brad Smith says it's a 'good day for gamers' after Nintendo, Nvidia deals

Microsoft has already offered concessions to the U.K. regulator which were rejected.

One of the remedies involves Microsoft making certain games available on other platforms for a defined period of time. For example, Microsoft said in February that it would bring Xbox PC games to Nvidia’s cloud gaming service. The company also signed a 10-year deal with rival Nintendo to bring Call of Duty to the Japanese firm’s platforms the same day as the game would become available on the Xbox.

To the European Union regulators which approved the deal in May, Microsoft said it would offer royalty-free licenses to cloud gaming platforms to stream Activision games, if a consumer has purchased them. 

But the CMA has rejected similar concessions on the basis that they would be difficult to monitor and enforce, and the rapidly-fluctuating nature of the nascent cloud gaming sector means such as a remedy may not take into account changes in the cloud market.

So Microsoft will need to take another try at a licensing concession.

Will Microsoft have to divest some business?

Prior to softening its stance in its April ruling, the CMA in February gave a notice of possible solutions to Microsoft. One of those was for Microsoft to sell its business associated with the popular Call of Duty game. Other remedies included a divestiture of some of the Activision Blizzard business.

Microsoft President Brad Smith told CNBC in February that he didn’t see a “feasible path” to sell off Call of Duty.

But a divestiture of some sort could be on the cards, according to Dan Ives, analyst at Wedbush Securities. Ives said in a note on Wednesday that Microsoft could carve out its Game Pass subscription service in the U.K. to satisfy the CMA.

Game Pass is Microsoft’s subscription service on the Xbox console and PC, which gives users access to hundreds of games.

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Elon Musk’s Neuralink filed as ‘disadvantaged business’ before being valued at $9 billion

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Elon Musk's Neuralink filed as 'disadvantaged business' before being valued at  billion

Jonathan Raa | Nurphoto | Getty Images

Elon Musk’s health tech company Neuralink labeled itself a “small disadvantaged business” in a federal filing with the U.S. Small Business Administration, shortly before a financing round valued the company at $9 billion.

Neuralink is developing a brain-computer interface (BCI) system, with an initial aim to help people with severe paralysis regain some independence. BCI technology broadly can translate a person’s brain signals into commands that allow them to manipulate external technologies just by thinking.

Neuralink’s filing, dated April 24, would have reached the SBA at a time when Musk was leading the Trump administration’s Department of Government Efficiency. At DOGE, Musk worked to slash the size of federal agencies.

MuskWatch first reported on the details Neuralink’s April filing.

According to the SBA’s website, a designation of SDB means a company is at least 51% owned and controlled by one or more “disadvantaged” persons who must be “socially disadvantaged and economically disadvantaged.” An SDB designation can also help a business “gain preferential access to federal procurement opportunities,” the SBA website says. 

Musk, the world’s wealthiest person, is CEO of Tesla and SpaceX, in addition to his other businesses like artificial intelligence startup xAI and tunneling venture The Boring Company. In 2022, Musk led the $44 billion purchase of Twitter, which he later named X before merging it with xAI.

Jared Birchall, a Neuralink executive, was listed as the contact person on the filing from April. Birchall, who also manages Musk’s money as head of his family office, didn’t immediately respond to a request for comment.

Neuralink, which incorporated in Nevada, closed a $650 million funding round in early June at a $9 billion valuation. ARK Invest, Peter Thiel’s Founders Fund, Sequoia Capital and Thrive Capital were among the investors. Neuralink said the fresh capital would help the company bring its technology to more patients and develop new devices that “deepen the connection between biological and artificial intelligence.”

Under Musk’s leadership at DOGE, the initiative took aim at government agencies that emphasized diversity, equity and inclusion (DEI). In February, for example, DOGE and Musk boasted of nixing hundreds of millions of dollars worth of funding for the Department of Education that would have gone towards DEI-related training grants.

WATCH: DOGE cuts face congressional test

DOGE cuts face congressional test. Here's a breakdown

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Defense manufacturing startup Hadrian closes $260 million funding round led by Peter Thiel’s Founders Fund

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Defense manufacturing startup Hadrian closes 0 million funding round led by Peter Thiel's Founders Fund

Startup Hadrian raises $260 million to expand its AI-powered factories to meet soaring demand

Defense manufacturing startup Hadrian on Thursday announced the closing of $260 million Series C funding round led by Peter Thiel‘s Founders Fund and Lux Capital.

The machine parts company said it will use the funding to build a new 270,000 square foot factory in Mesa, Arizona, and expand its Torrance, California, location as it looks to beef up its shipbuilding and naval defense capabilities.

“What we really need in this country is this quantum leap above China’s manufacturing model,” said CEO Chris Power in an interview with CNBC’s Morgan Brennan. “It’s about supercharging the worker versus replacing them.”

Defense tech startups like Hadrian are disrupting the mainstay defense contracting industry, which is led by leaders such as Northrop Grumman and Lockheed Martin, and battling it out to boost U.S. defense production while scooping up Department of Defense contracts.

An overall view of the manufacturing line in a Hadrian Automation Inc. factory.

Courtesy: Hadrian Automation, Inc.

Hadrian said the Arizona space will be four times the size of its California facility and start operations by Christmas. The factory will create 350 local jobs. The Hawthrone, California-based company said it is working on four to five new facilities to support production over the next year to support Department of Defense needs.

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Hadrian said it uses robotics and artificial intelligence to automate factories that can “supercharge American workers.”

Power said demand is rapidly growing, but the lack of U.S.-based talent is a major hurdle to building American dominance in shipbuilding and submarines.

Using its tools, the company said it can train workers within 30 days, making them 10 times more productive. Its workforce includes ex-marines and former nurses who have never set foot in a factory.

An overall view of the manufacturing line in a Hadrian Automation Inc. factory.

Courtesy: Hadrian Automation, Inc.

“We have to do a lot more … but certainly we’re able to keep up with the scale right now, and grateful to our team and customers for letting us go and do that,” he said. “As a country, we have to treat this like a national security crisis, not just the economics of manufacturing.”

The fresh raise also includes investments from Andreessen Horowitz and new stakeholders such as Brad Gerstner’s Altimeter Capital.

The company closed a $92 million funding round in late 2023.

WATCH: Startup Hadrian raises $260 million to expand its AI-powered factories to meet soaring demand

An overall view of the manufacturing line in a Hadrian Automation Inc. factory.

Courtesy: Hadrian Automation, Inc.

The Kuka arm is seen at a Hadrian Automation Inc. factory.

Courtesy: Hadrian Automation, Inc.

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Amazon cuts some jobs in cloud computing unit as layoffs continue

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Amazon cuts some jobs in cloud computing unit as layoffs continue

Attendees walk through an exposition hall at AWS re:Invent, a conference hosted by Amazon Web Services, in Las Vegas on Dec. 3, 2024.

Noah Berger | Getty Images

Amazon is laying off some staffers in its cloud computing division, the company confirmed on Thursday.

“After a thorough review of our organization, our priorities, and what we need to focus on going forward, we’ve made the difficult business decision to eliminate some roles across particular teams in AWS,” Amazon spokesperson Brad Glasser said in a statement. “We didn’t make these decisions lightly, and we’re committed to supporting the employees throughout their transition.”

The company declined to say which units within Amazon Web Services were impacted, or how many employees will be let go as a result of the job cuts.

Reuters was first to report on the layoffs.

In May, Amazon reported a third straight quarterly revenue miss at AWS. Sales increased 17% to $29.27 billion in the first quarter, slowing from 18.9% in the prior period.

Amazon said the cuts weren’t primarily due to investments in artificial intelligence, but are a result of ongoing efforts to streamline the workforce and refocus on certain priorities. The company said it continues to hire within AWS.

Amazon CEO Andy Jassy has been on a cost-cutting mission for the past several years, which has resulted in more than 27,000 employees being let go since 2022. Job reductions have continued this year, though at a smaller scale than preceding years. Amazon’s stores, communications and devices and services divisions have been hit with layoffs in recent months.

AWS last year cut hundreds of jobs in its physical stores technology and sales and marketing units.

Last month, Jassy predicted that Amazon’s corporate workforce could shrink even further as a result of the company embracing generative AI.

“We will need fewer people doing some of the jobs that are being done today, and more people doing other types of jobs,” Jassy told staffers. “It’s hard to know exactly where this nets out over time, but in the next few years, we expect that this will reduce our total corporate workforce.”

WATCH: Amazon CEO says AI will change the workforce

AI will change the workforce, says Amazon CEO Andy Jassy

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