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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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Etsy touts ‘shopping domestically’ as Trump tariffs threaten price increases for imports

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Etsy touts 'shopping domestically' as Trump tariffs threaten price increases for imports

An employee walks past a quilt displaying Etsy Inc. signage at the company’s headquarters in the Brooklyn.

Victor J. Blue/Bloomberg via Getty Images

Etsy is trying to make it easier for shoppers to purchase products from local merchants and avoid the extra cost of imports as President Donald Trump’s sweeping tariffs raise concerns about soaring prices.

In a post to Etsy’s website on Thursday, CEO Josh Silverman said the company is “surfacing new ways for buyers to discover businesses in their countries” via shopping pages and by featuring local sellers on its website and app.

“While we continue to nurture and enable cross-border trade on Etsy, we understand that people are increasingly interested in shopping domestically,” Silverman said.

Etsy operates an online marketplace that connects buyers and sellers with mostly artisanal and handcrafted goods. The site, which had 5.6 million active sellers as of the end of December, competes with e-commerce juggernaut Amazon, as well as newer entrants that have ties to China like Temu, Shein and TikTok Shop.

By highlighting local sellers, Etsy could relieve some shoppers from having to pay higher prices induced by President Trump’s widespread tariffs on trade partners. Trump has imposed tariffs on most foreign countries, with China facing a rate of 145%, and other nations facing 10% rates after he instituted a 90-day pause to allow for negotiations. Trump also signed an executive order that will end the de minimis provision, a loophole for low-value shipments often used by online businesses, on May 2.

Temu and Shein have already announced they plan to raise prices late next week in response to the tariffs. Sellers on Amazon’s third-party marketplace, many of whom source their products from China, have said they’re considering raising prices.

Silverman said Etsy has provided guidance for its sellers to help them “run their businesses with as little disruption as possible” in the wake of tariffs and changes to the de minimis exemption.

Before Trump’s “Liberation Day” tariffs took effect, Silverman said on the company’s fourth-quarter earnings call in late February that he expects Etsy to benefit from the tariffs and de minimis restrictions because it “has much less dependence on products coming in from China.”

“We’re doing whatever work we can do to anticipate and prepare for come what may,” Silverman said at the time. “In general, though, I think Etsy will be more resilient than many of our competitors in these situations.”

Still, American shoppers may face higher prices on Etsy as U.S. businesses that source their products or components from China pass some of those costs on to consumers.

Etsy shares are down 17% this year, slightly more than the Nasdaq.

WATCH: Amazon CEO Andy Jassy says sellers will pass cost of tariffs on to consumers

Amazon CEO Andy Jassy: Sellers will pass increased tariff costs on to consumers

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Google hit with second antitrust blow, adding to concerns about future of ads business

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Google hit with second antitrust blow, adding to concerns about future of ads business

Google CEO Sundar Pichai testifies before the House Judiciary Committee at the Rayburn House Office Building on December 11, 2018 in Washington, DC.

Alex Wong | Getty Images

Google’s antitrust woes are continuing to mount, just as the company tries to brace for a future dominated by artificial intelligence.

On Thursday, a federal judge ruled that Google held illegal monopolies in online advertising markets due to its position between ad buyers and sellers.

The ruling, which followed a September trial in Alexandria, Virginia, represents a second major antitrust blow for Google in under a year. In August, a judge determined the company has held a monopoly in its core market of internet search, the most-significant antitrust ruling in the tech industry since the case against Microsoft more than 20 years ago. 

Google is in a particularly precarious spot as it tries to simultaneously defend its primary business in court while fending off an onslaught of new competition due to the emergence of generative AI, most notably OpenAI’s ChatGPT, which offers users alternative ways to search for information. Revenue growth has cooled in recent years, and Google also now faces the added potential of a slowdown in ad spending due to economic concerns from President Donald Trump’s sweeping new tariffs.

Parent company Alphabet reports first-quarter results next week. Alphabet’s stock price dipped more than 1% on Thursday and is now down 20% this year.

Why Google's antitrust woes endangers its AI momentum

In Thursday’s ruling, U.S. District Judge Leonie Brinkema said Google’s anticompetitive practices “substantially harmed” publishers and users on the web. The trial featured 39 live witnesses, depositions from an additional 20 witnesses and hundreds of exhibits.

Judge Brinkema ruled that Google unlawfully controls two of the three parts of the advertising technology market: the publisher ad server market and ad exchange market. Brinkema dismissed the third part of the case, determining that tools used for general display advertising can’t clearly be defined as Google’s own market. In particular, the judge cited the purchases of DoubleClick and Admeld and said the government failed to show those “acquisitions were anticompetitive.”

“We won half of this case and we will appeal the other half,” Lee-Anne Mulholland, Google’s vice president or regulatory affairs, said in an emailed statement. “We disagree with the Court’s decision regarding our publisher tools. Publishers have many options and they choose Google because our ad tech tools are simple, affordable and effective.”

Attorney General Pam Bondi said in a press release from the DOJ that the ruling represents a “landmark victory in the ongoing fight to stop Google from monopolizing the digital public square.”

Potential ad disruption

If regulators force the company to divest parts of the ad-tech business, as the Justice Department has requested, it could open up opportunities for smaller players and other competitors to fill the void and snap up valuable market share. Amazon has been growing its ad business in recent years.

Meanwhile, Google is still defending itself against claims that its search has acted as a monopoly by creating strong barriers to entry and a feedback loop that sustained its dominance. Google said in August, immediately after the search case ruling, that it would appeal, meaning the matter can play out in court for years even after the remedies are determined.

The remedies trial, which will lay out the consequences, begins next week. The Justice Department is aiming for a break up of Google’s Chrome browser and eliminating exclusive agreements, like its deal with Apple for search on iPhones. The judge is expected to make the ruling by August.

Google CEO Sundar Pichai (L) and Apple CEO Tim Cook (R) listen as U.S. President Joe Biden speaks during a roundtable with American and Indian business leaders in the East Room of the White House on June 23, 2023 in Washington, DC.

Anna Moneymaker | Getty Images

After the ad market ruling on Thursday, Gartner’s Andrew Frank said Google’s “conflicts of interest” are apparent by how the market runs.

“The structure has been decades in the making,” Frank said, adding that “untangling that would be a significant challenge, particularly since lawyers don’t tend to be system architects.”

However, the uncertainty that comes with a potentially years-long appeals process means many publishers and advertisers will be waiting to see how things shake out before making any big decisions given how much they rely on Google’s technology.

“Google will have incentives to encourage more competition possibly by loosening certain restrictions on certain media it controls, YouTube being one of them,” Frank said. “Those kind of incentives may create opportunities for other publishers or ad tech players.”

A date for the remedies trial hasn’t been set.

Damian Rollison, senior director of market insights for marketing platform Soci, said the revenue hit from the ad market case could be more dramatic than the impact from the search case.

“The company stands to lose a lot more in material terms if its ad business, long its main source of revenue, is broken up,” Rollison said in an email. “Whereas divisions like Chrome are more strategically important.”

WATCH: U.S. judge finds Google holds illegal online ad-tech monopolies

U.S. judge finds Google holds illegal online ad tech monopolies

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Discord sued by New Jersey over child safety features

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Discord sued by New Jersey over child safety features

Jason Citron, CEO of Discord in Washington, DC, on January 31, 2024.

Andrew Caballero-Reynolds | AFP | Getty Images

The New Jersey attorney general sued Discord on Thursday, alleging that the company misled consumers about child safety features on the gaming-centric social messaging app.

The lawsuit, filed in the New Jersey Superior Court by Attorney General Matthew Platkin and the state’s division of consumer affairs, alleges that Discord violated the state’s consumer fraud laws.

Discord did so, the complaint said, by allegedly “misleading children and parents from New Jersey” about safety features, “obscuring” the risks children face on the platform and failing to enforce its minimum age requirement.

“Discord’s strategy of employing difficult to navigate and ambiguous safety settings to lull parents and children into a false sense of safety, when Discord knew well that children on the Application were being targeted and exploited, are unconscionable and/or abusive commercial acts or practices,” lawyers wrote in the legal filing.

They alleged that Discord’s acts and practices were “offensive to public policy.”

A Discord spokesperson said in a statement that the company disputes the allegations and that it is “proud of our continuous efforts and investments in features and tools that help make Discord safer.”

“Given our engagement with the Attorney General’s office, we are surprised by the announcement that New Jersey has filed an action against Discord today,” the spokesperson said.

One of the lawsuit’s allegations centers around Discord’s age-verification process, which the plaintiffs believe is flawed, writing that children under thirteen can easily lie about their age to bypass the app’s minimum age requirement.

The lawsuit also alleges that Discord misled parents to believe that its so-called Safe Direct Messaging feature “was designed to automatically scan and delete all private messages containing explicit media content.” The lawyers claim that Discord misrepresented the efficacy of that safety tool.

“By default, direct messages between ‘friends’ were not scanned at all,” the complaint stated. “But even when Safe Direct Messaging filters were enabled, children were still exposed to child sexual abuse material, videos depicting violence or terror, and other harmful content.”

The New Jersey attorney general is seeking unspecified civil penalties against Discord, according to the complaint.

The filing marks the latest lawsuit brought by various state attorneys general around the country against social media companies.

In 2023, a bipartisan coalition of over 40 state attorneys general sued Meta over allegations that the company knowingly implemented addictive features across apps like Facebook and Instagram that harm the mental well being of children and young adults.

The New Mexico attorney general sued Snap in Sep. 2024 over allegations that Snapchat’s design features have made it easy for predators to easily target children through sextortion schemes.

The following month, a bipartisan group of over a dozen state attorneys general filed lawsuits against TikTok over allegations that the app misleads consumers that its safe for children. In one particular lawsuit filed by the District of Columbia’s attorney general, lawyers allege that the ByteDance-owned app maintains a virtual currency that “substantially harms children” and a  livestreaming feature that “exploits them financially.”

In January 2024, executives from Meta, TikTok, Snap, Discord and X were grilled by lawmakers during a senate hearing over allegations that the companies failed to protect children on their respective social media platforms.

WATCH: The FTC has an uphill battle in its antitrust case against Meta.

The FTC has an uphill battle in its antitrust case against Meta: Former Facebook general counsel

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