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UK clears Microsoft's $69 billion acquisition of Activision Blizzard

Britain’s top competition watchdog on Friday gave the green light to Microsoft’s proposed $69 billion takeover of gaming firm Activision Blizzard, removing the last major hurdle for the deal to close.

The Competition and Markets Authority said it had cleared the deal for Microsoft to buy Activision but without cloud gaming rights.

“The new deal will stop Microsoft from locking up competition in cloud gaming as this market takes off, preserving competitive prices and services for UK cloud gaming customers,” the regulator said in a statement Friday.

The CMA was the final regulator holding up the deal. Microsoft should now be able to close the acquisition.

The decision marks a major U-turn from the CMA, the staunchest critic of the takeover, which effectively blocked the deal earlier this year over concerns the acquisition would hamper competition in the nascent cloud gaming market.

Microsoft first proposed to acquire Activision in January 2022, but has since faced regulatory challenges in the U.S., Europe and the U.K.

In July, the CMA said it would consider a restructured acquisition from Microsoft to allay its concerns. Microsoft offered a spate of concessions, which centered around divesting the cloud rights of Activision games to French game publisher Ubisoft Entertainment.

“It will allow Ubisoft to offer Activision’s content under any business model, including through multigame subscription services. It will also help to ensure that cloud gaming providers will be able to use non-Windows operating systems for Activision content, reducing costs and increasing efficiency,” the CMA said.

The UK’s regulatory U-turn

Microsoft logo is seen on a smartphone placed on displayed Activision Blizzard logo in this illustration taken January 18, 2022.

Dado Ruvic | Reuters

Specifically, the U.K. regulator argued when it blocked the takeover in April that allowing the deal to go ahead would give Microsoft a strong position in the nascent cloud gaming market.

Authorities in the European Union were the first major regulator to clear the deal in May, after Microsoft offered concessions to the EU.

At the time, the CMA said it stood by its initial decision to block the transaction because the compromises presented to the EU would allow Microsoft to “set the terms and conditions for this market for the next ten years.”

Meanwhile, in the U.S., the Federal Trade Commission was fighting a legal battle with Microsoft in an effort to get the Activision takeover scrapped. In July, however, a judge blocked the FTC’s attempt to do so, clearing the way for the deal to go ahead in the U.S.

Just hours later, the CMA said it was “ready to consider any proposals from Microsoft to restructure the transaction” and allay the regulator’s concerns.

Microsoft concessions to the UK

In August, Microsoft offered concessions to the CMA in its second attempt to get the deal cleared.

Under the restructured transaction, Microsoft will not acquire cloud rights for existing Activision PC and console games, or for new games released by Activision during the next 15 years. Instead, these rights will be divested to Ubisoft Entertainment before Microsoft’s acquisition of Activision, according to the CMA.

“With the sale of Activision’s cloud streaming rights to Ubisoft, we’ve made sure Microsoft can’t have a stranglehold over this important and rapidly developing market,” Sarah Cardell, CEO of the CMA, said in a statement.

“As cloud gaming grows, this intervention will ensure people get more competitive prices, better services and more choice. We are the only competition agency globally to have delivered this outcome.”

While the U.K. approved the deal, the CMA, which has been growing increasingly aggressive in its actions to scrutinize big mergers, fired a parting shot at Microsoft in which it slammed the tech giant’s negotiation tactics.

“Businesses and their advisors should be in no doubt that the tactics employed by Microsoft are no way to engage with the CMA,” Cardell said.

“Microsoft had the chance to restructure during our initial investigation but instead continued to insist on a package of measures that we told them simply wouldn’t work. Dragging out proceedings in this way only wastes time and money.”

‘Final regulatory hurdle’

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Activist Starboard amasses Autodesk stake, weighs suit over delayed probe disclosure

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Activist Starboard amasses Autodesk stake, weighs suit over delayed probe disclosure

Jeffrey Smith, CEO and chief investment officer at Starboard Value LP.

David Paul Morris | Bloomberg | Getty Images

Starboard Value, the activist fund run by Jeff Smith, has taken a sizable stake in graphics-design firm Autodesk and has spoken with the company’s board in recent weeks over a number of serious concerns involving its disclosures around an internal investigation that led to the ouster of its chief financial officer.

Starboard’s stake is valued at roughly $500 million, according to people familiar with the matter. The activist, which has a long track record of investing in the technology sector, is particularly concerned about the timing of Autodesk’s disclosure of an internal investigation which revealed that executives misled investors around the company’s free cash flow metrics and operating margins, said the people, who requested anonymity to discuss confidential information freely.

The results of that probe led to the ouster of Autodesk’s then-CFO, Deborah Clifford, who was moved to a different executive role within Autodesk. The probe found that executives manipulated reporting tied to company’s contract billing structure, as Autodesk shifted back to upfront payments from annualized payments, to improve those metrics.

Autodesk first disclosed in April that it had begun an internal investigation into disclosure issues around those metrics, almost a month after it had first begun the investigation and had informed the Securities and Exchange Commission that it was probing its financial reports. Autodesk shares slid 20% over the next few weeks. The company’s market cap now sits slightly below $50 billion.

The delayed disclosure came a little more than a week after the deadline to nominate directors closed. The tight window and timing of the disclosure has raised significant concerns inside Starboard, the people said, that Autodesk’s board deliberately chose not to inform shareholders ahead of its annual meeting. Such a delay would potentially limit a shareholder’s ability to nominate its own candidates in a contested fight.

Starboard is weighing legal action in Delaware Chancery court to compel the reopening of Autodesk’s nominating window and the delay of Autodesk’s annual meeting, the people said. Autodesk’s shareholder meeting is currently scheduled for July 16.

The activist also believes that the company can drive actual margin improvement and improve investor communications to help bolster Autodesk’s stock, the people said.

Starboard has built stakes in other major technology companies, including Marc Benioff’s Salesforce and Splunk, which was sold to Cisco in 2023 for $28 billion.

News of Starboard’s stake and plans was reported earlier by the Wall Street Journal.

Autodesk has faced activist scrutiny before. In 2016, it settled with two activist investors at Sachem Head Capital Management and Eminence Capital to stave off a proxy contest.

Autodesk disclosed earlier this year that it is facing Justice Department and SEC probes. A representative for the company did not immediately return a request for comment.

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Malaysia is emerging as a data center powerhouse amid booming demand from AI

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Malaysia is emerging as a data center powerhouse amid booming demand from AI

A large hallway with supercomputers inside a server room data center. 

Luza Studios | E+ | Getty Images

Malaysia is emerging as a data center powerhouse in Southeast Asia and the continent more broadly as demand surges for cloud computing and artificial intelligence.

Over the past few years, the country has attracted billions of dollars in data center investments, including from tech giants like Google, Nvidia and Microsoft

Much of the investments have been in the small city of Johor Bahru, located on the border with Singapore, according to James Murphy, APAC managing director at data center intelligence company DC Byte.

“It looks like in the space of a couple of years, [Johor Bahru] alone will overtake Singapore to become the largest market in Southeast Asia from a base of essentially zero just two years ago,” he said. 

Johor Bahru was named as the fastest growing market within Southeast Asia in DC Byte’s 2024 Global Data Centre Index

Princeton Digital Group says its Johor data center campus will come into service in 6 weeks

The report said the city has 1.6 gigawatts of total data center supply, including projects under construction, committed to or in the early stages of planning. Data center capacity is typically measured by the amount of electricity it consumes.

If all planned capacity comes online across Asia, Malaysia will only be surpassed by the larger countries of Japan and India. Until then, Japan followed by Singapore currently lead the region in terms of live data center capacity. 

The index did not provide a detailed breakdown of data center capacity in China. 

Shifting demand 

Blackstone's Nadeem Meghji: Data centers are the most exciting asset class across our entire firm

Booming demand for AI services also requires specialized data centers to house the large amounts of data and computational power required to train and deploy AI models.

While many of these AI data centers will be built in established markets such as Japan, Murphy said emerging markets will also attract investments due to favorable characteristics. 

AI data centers require a lot of space, energy and water for cooling. Therefore, emerging markets such as Malaysia — where energy and land are cheap — provide advantages over smaller city-states like Hong Kong and Singapore, where such resources are limited.

Spillover from Singapore

Singtel discusses its data center expansion plans

Thus, a lot of investment and planned capacity has been redirected from Singapore to the bordering Johor Bahru over the years.

Singapore recently changed its tune and laid out a roadmap to grow its data center capacity by 300 MW on the condition more projects meet green-friendly efficiency and renewable energy standards. Such efforts have attracted investments from companies like Microsoft and Google. 

Still, Singapore is too small for wide-scale green power generation, thus there remain a lot of limitations on the market, said DC Byte’s Murphy. 

Resource strains

Data center liquid cooling is accelerating and it's accelerating now, says Vertiv CEO

Local officials are increasingly concerned about the extent of this power usage, as quoted in a recent report from The Straits Times.

Johor Bahru city council mayor Mohd Noorazam Osman reportedly said data center investments should not compromise local resource needs, given the city’s challenges with its water and power supply.

Meanwhile, a Johor Investment, Trade, and Consumer Affairs Committee official told ST that the state government would implement more guidelines on green energy use for data centers in June.

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Advisors ‘wary’ of bitcoin ETFs are on a slow adoption journey, says BlackRock exec

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Advisors ‘wary’ of bitcoin ETFs are on a slow adoption journey, says BlackRock exec

Jonathan Raa | Nurphoto | Getty Images

The long-awaited bitcoin exchange traded funds launched in January, and financial advisors are on their way – though gradually – toward adopting them, according to BlackRock’s Samara Cohen.

For now, about 80% of bitcoin ETF purchases have likely been coming from “self-directed investors who have made their own allocation, often through an online brokerage account,” she said, speaking at the Coinbase State of Crypto Summit in New York City on Thursday. The iShares Bitcoin Trust (IBIT) was among the funds to debut earlier this year.

Cohen, BlackRock’s chief investment officer of ETF and index investments, noted that hedge funds and brokerages have also been buyers, based on last quarter’s 13-F filings, but registered investment advisors have been a little more “wary.”

CNBC recently polled its Advisor Council about why they and their colleagues are so cautious about the new products, which represent a regulated and familiar investment product for a new asset class that has garnered significant interest in recent years. Responses ranged from bitcoin’s notorious price volatility to the flagship cryptocurrency being too nascent to have established a significant track record. Regulatory compliance and the crypto’s reputation for fraud and scandal were also on advisors’ minds.

“I would call them wary … that’s their job,” Cohen said of the skeptical financial advisors.

“An investment advisor is a fiduciary to their clients,” she added. “This is an asset class that has had 90% price volatility at times in history, and their job is really to construct portfolios and do the risk analysis and due diligence. They’re doing that right now.”

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The iShares Bitcoin Trust (IBIT) in 2024

“This is a moment, in terms of really putting forward important data, risk analytics [and determining] the role bitcoin can play in a portfolio, what sort of allocation is appropriate given an investor’s risk tolerance, their liquidity needs,” she added. “That’s what an advisor is supposed to do, so I think this journey that we’re on is exactly the right one and they’re doing their jobs.”

Cohen said she sees bitcoin ETFs as a bridge between crypto and traditional finance – particularly for investors who may be interested in making an allocation to bitcoin without having to manage their risk across two different ecosystems. Before the ETFs, the existing onramps into crypto were insufficient for what some investors wanted to do, she said.

Coinbase chief financial officer Alesia Haas said bitcoin is “on a slow journey of adoption” – a theme echoed across the conference sessions.

Blue Macellari, head of digital assets strategy for T. Rowe Price, pointed to the 1% allocation that some investors deem to be a safe, comfortable amount. She said she sees portfolio allocations into bitcoin as binary events, where they should be greater than 1% or zero, but she also acknowledged the cautious approach toward adoption.

“There’s a psychological component where people need to test the waters and get comfortable,” Macellari said. “It’s a paradigm shift … it takes time for people to ease their way into it.”

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