Microsoft is restructuring its proposed Activision Blizzard deal to transfer cloud gaming rights for current and new Activision Blizzard games to Ubisoft. The transfer of rights is designed to appease regulators in the UK that are concerned about the impact Microsoftâs proposed $68.7 billion deal will have on cloud gaming competition. The restructured deal has triggered a new regulatory investigation in the UK that could last until October 18th.
âTo address the concerns about the impact of the proposed acquisition on cloud game streaming raised by the UK Competition and Markets Authority, we are restructuring the transaction to acquire a narrower set of rights,â says Microsoft president Brad Smith. âThis includes executing an agreementâŻeffectiveâŻat the closing of our merger that transfersâŻthe cloud streaming rights for all current and new Activision Blizzard PC and console games released over the next 15 years to Ubisoft Entertainment SA, a leading global game publisher. The rights will be in perpetuity.â
This restructured deal means that if Microsoft does close its proposed acquisition then it will not be able to release Activision Blizzard games exclusively on Xbox Cloud Gaming. Microsoft wonât be able to exclusively control the licensing terms of Activision Blizzard games on rival services either. Instead, Ubisoft will control the streaming rights to Activision Blizzard games outside of the EU, and license titles back to Microsoft to be included in Xbox Cloud Gaming.
âUbisoft will compensate Microsoft for the cloud streaming rights to Activision Blizzardâs games through a one-off payment and through a market-based wholesale pricing mechanism, including an option that supports pricing based on usage,â explains Smith. âIt will also give Ubisoft the opportunity to offer Activision Blizzardâs games to cloud gaming services running non-Windows operating systems.â
Ubisoft will also add Activision Blizzard games to its Ubisoft Plus Multi Access subscription, which is available across PC, Xbox, Amazon Luna, and on PlayStation via Ubisoft Plus Classics.
The UKâs Competition and Markets Authority (CMA) first blocked Microsoftâs deal in April citing cloud gaming concerns, before agreeing to negotiations with the Xbox maker following the Federal Trade Commissionâs (FTC) loss in a US federal court last month. Now the CMA has signaled a new investigation phase thanks to Microsoftâs restructured deal, with a statutory deadline set for October 18th â the same deadline that Microsoft recently agreed in its extension of the deal closing date with Activision. A source familiar with Microsoftâs plans tells The Verge that the company now isnât expecting to be able to close its Activision Blizzard deal until early October.
The CMA has now imposed a final order on Microsoftâs original deal, prohibiting it worldwide while it investigates this new restructuring of the proposed Activision Blizzard acquisition. The CMA notes that âUbisoft will also be able, for a fee, to require Microsoft to adapt Activisionâs titles to operating systems other than Windows, such as Linux, if it decides to use or license out the cloud streaming rights to Activisionâs titles to a cloud gaming service that runs a non-Windows operating system.â
The restructured transaction wonât affect Microsoftâs obligations to the European Commission, though. Microsoft has made several cloud gaming deals and EU regulators approved the Activision Blizzard deal thanks to a free license to consumers in EU countries that would allow them to stream via âany cloud game streaming services of their choiceâ all current and future Activision Blizzard PC and console games that they have a license for.
âThe agreement with Ubisoft has been structured so that Microsoft will still acquire the rights needed to honor fully its legal obligations under its commitments to the European Commission, as well as its existing contractual obligations to other cloud game streaming providers, including Nvidia, Boosteroid, Ubitus, and Nware,â says Smith.
The CMA will now assess the reworked deal over the coming weeks and deliver a decision by the October 18th deadline. âThis is not a green light. We will carefully and objectively assess the details of the restructured deal and its impact on competition, including in light of third-party comments,â says Sarah Cardell, chief executive of the CMA. âOur goal has not changed â any future decision on this new deal will ensure that the growing cloud gaming market continues to benefit from open and effective competition driving innovation and choice.â