Posts with «mergers» label

Adobe's $20 billion purchase of Figma is being scrutinized by the EU

The European Commission has opened an in-depth investigation into Adobe’s planned $20 billion purchase of design rival Figma. The EU said it’s concerned about the acquisition diminishing competition for interactive design software and digital asset creation tools.

The EU Commission has until December 14th to make a decision. “With our in-depth investigation we aim to ensure that users continue to have access to a wide pool of digital creative tools to choose from,” European Commissioner for Competition Margrethe Vestager said in a statement to Reuters. Engadget asked Adobe for comment, but the company didn’t immediately respond. (We’ll update this article if it does.)

The move echoes a similar move from the UK last month when its Competition and Markets Authority (CMA) launched its own in-depth investigation into the transaction. The UK has until December 27th to complete its “phase two” review.

The transaction would be the largest-ever purchase for Adobe. The San Francisco-based Figma, founded in 2012, quickly grew in popularity and became a go-to tool for vector design and remote collaboration. The company’s products compete directly with Adobe XD and Illustrator. Adobe has previously said it wants to incorporate Creative Cloud suite features into Figma while adding some of Figma’s collaborative capabilities to its core products. It said at the time of the acquisition’s announcement that it was “deeply committed” to keeping Figma independent and said there was “no plan” to change its pricing or remove its free tier.

This article originally appeared on Engadget at https://www.engadget.com/adobes-20-billion-purchase-of-figma-is-being-scrutinized-by-the-eu-160532767.html?src=rss

FTC puts internal trial over Microsoft-Activision deal on hold

The Federal Trade Commission has formally put its administrative trial over Microsoft's pending acquisition of Activision Blizzard on hold. The move, which was first reported by Bloomberg, allows the agency and companies to hold talks over a settlement for the eye-popping $68.7 billion merger.

The FTC's decision to pause its case is another major victory for Microsoft and Activision as they attempt to get the deal over the line. The agency sued to block the deal in December and an evidentiary hearing in the case was set for August 2nd. Last week, it lost a legal bid to prevent the companies from merging before the administrative trial was set to begin in early August. The FTC has appealed its court loss.

“The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony PlayStation, or that its ownership of Activision content will substantially lessen competition in the video game library subscription and cloud gaming markets,” Jacqueline Scott Corley wrote in a ruling last week. Microsoft has since signed a deal with Sony to keep Call of Duty on PlayStation for 10 years if the merger goes through.

In a motion filed on Tuesday, Microsoft and Activision urged the FTC to withdraw its case. FTC rules stipulate that the agency has to withdraw its case after the companies made the request, since it was denied a preliminary injunction to stop them from merging. Per Bloomberg, Microsoft and Activision can now try to convince the FTC to accept remedies that will resolve the agency's concerns about the deal's impact on competition in the gaming industry. Alternatively, they could persuade the FTC to completely abandon its opposition to the merger.

The FTC still has the option of holding its administrative trial after the merger closes. However, it's rare for the agency to proceed with an in-house case after it loses a federal court battle.

The initial deadline for the acquisition to close was Tuesday, though Microsoft and Activision extended their merger agreement until October 18th to give them "additional time to resolve remaining regulatory concerns." They agreed that Microsoft will be on the hook for a breakup fee of as much as $4.5 billion if the deal falls apart, though both sides are determined to wrap things up. 

Microsoft and Activision still have to gain approval from a UK regulator to close the deal without having to resort to workarounds to continue doing business in the country. The Competition and Markets Authority initially blocked the merger in April, but over the last week or so, it has signaled a willingness to amicably resolve its concerns over the potential impact of the deal on the cloud gaming market. 

Microsoft is poised to submit an updated merger proposal to the CMA. The regulator will make a decision by August 29th, though it aims to do so as soon as possible. In a hearing this week, a CMA lawyer said that both the regulator and Microsoft are confident that the company will be able to resolve its concerns. That's yet another sign that the biggest merger in gaming history is very likely to close in the coming weeks.

This article originally appeared on Engadget at https://www.engadget.com/ftc-puts-internal-trial-over-microsoft-activision-deal-on-hold-230513417.html?src=rss

Microsoft and Activision extend the deadline for their $68.7 billion merger to October 18th

After 18 months of battling their way through regulatory red tape, Microsoft and Activision Blizzard are closer than ever to making their merger happen. However, with some issues still to smooth out in the UK, the companies weren't able to neatly tie things up in time for their initial July 18th deadline. As such, they've agreed to extend their merger agreement by three months to get the $68.7 billion acquisition over the line.

"Microsoft and Activision Blizzard have jointly agreed to extend the merger agreement deadline from July 18th, 2023 to October 18th, 2023, to allow for additional time to resolve remaining regulatory concerns," Microsoft said in a statement. 

If they hadn't agreed on new terms and either side walked away (which they could have done as of today), Microsoft would have been on the hook for a $3 billion breakup fee. That termination fee will increase to $3.5 billion if the merger hasn't closed by August 29th and $4.5 billion if it's not a done deal by September 15th. The fee will only be paid if the acquisition doesn't close. In addition, they agreed that Activision can give its shareholders a dividend of $0.99 per share.

"Microsoft and Activision Blizzard remain optimistic that we will get our acquisition over the finish line, so we have jointly agreed to extend the merger agreement to October 18th, 2023," Microsoft Gaming CEO Phil Spencer wrote in a note to employees. "While we can technically close in the United States due to recent legal developments, this extension gives us additional time to resolve the remaining regulatory concerns in the UK."

Microsoft and Activision Blizzard have extended the merger agreement deadline to 10/18. We're optimistic about getting this done, and excited about bringing more games to more players everywhere.

— Phil Spencer (@XboxP3) July 19, 2023

The Competition and Markets Authority, the UK's antitrust regulator, initially blocked the deal in April based on concerns over its impact on the cloud gaming market (deals Microsoft signed with third-party cloud gaming platforms were enough of a remedy for the European Union to approve the merger). Microsoft appealed the CMA's decision but with just days to go before the deadline, the CMA said it would be willing to review a modified merger proposal.

The CMA, Microsoft and Activision submitted a joint proposal to an appeals tribunal to delay their litigation by two months in an attempt to resolve the regulator's concerns amicably. The appeals tribunal granted that request on Monday. The CMA has also given itself an extra six weeks, until the end of August, to review Microsoft's new proposal. However, it hopes to do so as quickly as possible.

It's not quite clear when this might all be wrapped up one way or the other, but the CMA and both companies are aiming to do so very soon and certainly well before October 18th. One key date to look out for is August 2nd. That's when an evidentiary hearing in the Federal Trade Commission's administrative proceeding in an attempt to block the deal is scheduled to start. The FTC was unsuccessful in its efforts to obtain an injunction to stop the merger from happening in the meantime. However, if the deal hasn't closed by August 2nd and the FTC's administrative trial begins, things could get more complicated for Microsoft and Activision.

This article originally appeared on Engadget at https://www.engadget.com/microsoft-and-activision-extend-the-deadline-for-their-687-billion-merger-to-october-18th-132138900.html?src=rss

Logitech acquires streaming console maker Loupedeck

Loupdeck, which started as an Indiegogo project with its original Lightroom editing console, has been acquired by Logitech for an undisclosed "non-material" sum, the companies announced. "This acquisition augments Logitech’s product portfolio today and accelerates our software ambitions of enabling keyboards, mice and more to become smarter and contextually aware," said Logitech G general manager Ujesh Desai in a statement. 

After launching an advanced editing console in 2019 (the Loupedeck CT), the company pivoted toward video streaming with the Loupedeck Live and Loupedeck Live S. Those offer an alternative to Elgato's Stream Deck, used by content creators to add titles, picture-in-picture and more to live streams. Loupedeck also collaborated with Razer on its own creator product, the Stream Controller.

Buying Loupedeck gives Logitech the ability to deliver a "premium experience" for content creators including gamers, livestreamers and others, it said. At the same time, Logitech is promising more "seamless" usage for onboarding, presets and the coupling of Streamlabs apps and Loupedeck devices. For its part, Loupedeck said that joining Logitech will help it "exponentially" broaden its audience. 

In fact, Logitech acquired Streamlabs back in 2019 to get deeper into game streaming — one of a number of brand purchases it has made over the past few years. In 2016 it bought gaming peripheral company Saitek, in 2017 it purchased Astro, which makes headsets popular with gamers and streamers, and in 2018, Logitech aquired Blue Microphones.

How have those acquisitions worked out? Earlier this year Logitech retired the Blue branding, though it still manufactures most of the company's original products like the Yeti and Snowball mics. Loupedeck's products are nice but a bit expensive, so Logitech may be able to bring the price down while increasing manufacturing quality. In any case, "Loupedeck will continue supporting its customers and partners and will operate as usual for the foreseeable future," the press release states.

This article originally appeared on Engadget at https://www.engadget.com/logitech-acquires-streaming-console-maker-loupedeck-081558711.html?src=rss

Microsoft and a UK regulator have been granted more time to resolve Activision merger issues

Microsoft and the UK's antitrust regulator have conditionally been granted a two-month pause on their legal battle as the company looks to resolve the Competition and Markets Authority's (CMA) concerns over its proposed $68.7 billion acquisition of Activision Blizzard. Judge Marcus Smith of the Competition Appeal Tribunal (CAT), which hears appeals on the CMA's decisions, wants proof from the watchdog that this is the right course of action, but still paused the legal battle for now.

Smith wants the CMA to justify its adjournment application by providing evidence that shows a material change in circumstances or "special reasons" for delaying the litigation. He also wants the regulator to detail any new consultation process it plans to undertake "so that everybody is clear as to how it will work," according to Reuters. The judge asked the CMA to submit evidence on Thursday.

Microsoft appealed the CMA's decision in April to block the merger over cloud gaming concerns. The CAT was due to hear that case starting on July 28th. However, shortly after the Federal Trade Commission lost an attempt to stall the acquisition in the US last week, the CMA said it would consider a modified merger agreement from Microsoft. The CMA, Microsoft and Activision all asked the CAT for more time and the tribunal has granted the request.

CMA lawyer David Bailey told the CAT that the FTC's court loss "formed no part of the CMA's thinking" in terms of its willingness to review a new proposal from Microsoft. "Based upon the discussion to date, both sides — Microsoft and the CMA — have confidence that Microsoft notifying a restructured transaction is capable of addressing the concerns that the CMA has identified," he said.

It emerged during Monday's hearing that Microsoft has yet to submit an amended proposal to the CMA, even though the deadline for the merger is tomorrow, July 18th. It seems unlikely that everything will be resolved by then. If not, Microsoft and Activision will either have to agree to an extension of their current agreement (the most likely outcome given how eager they are to get the deal over the line) or renegotiate terms. Otherwise, Activision can walk away from the deal with a fat $3 billion breakup check from Microsoft in its pocket.

Reports have suggested Microsoft may sell some cloud gaming rights in the UK to satisfy the CMA's concerns. Microsoft has signed deals with third-party cloud gaming companies to offer its games on their platforms, which was enough for the European Union to approve the merger.

Meanwhile, the FTC is still slated to hold its own evidentiary hearing over the acquisition starting on August 2nd. The agency sued to block the merger and it sought a preliminary injunction to prevent Microsoft and Activision Blizzard from closing the deal until it could bring the case to trial, but it was unsuccessful.

As such, Microsoft and Activision will surely be eager to seal things up by the beginning of August. There were suggestions that they'd try to close the merger by the initial deadline despite the CMA dispute and find a workaround to keep doing business in the UK, but with all parties willing to find an amicable resolution, that seems unlikely at this point. The CMA has given itself an extra six weeks, until August 29th, to make a final decision on the case.

This article originally appeared on Engadget at https://www.engadget.com/microsoft-and-a-uk-regulator-have-been-granted-more-time-to-resolve-activision-merger-issues-191354797.html?src=rss

Microsoft and Sony agree to keep Call of Duty on PlayStation

Following a bitter, months-long feud over the company's proposed acquisition of Activision Blizzard, Microsoft and Sony have signed a deal to keep the Call of Duty franchise on PlayStation consoles. "We are pleased to announce that Microsoft and PlayStation have signed a binding agreement to keep Call of Duty on PlayStation following the acquisition of Activision Blizzard," Microsoft Gaming CEO Phil Spencer tweeted Sunday morning. "We are pleased to announce that Microsoft and @PlayStation have signed a binding agreement to keep Call of Duty on PlayStation following the acquisition of Activision Blizzard." 

We are pleased to announce that Microsoft and @PlayStation have signed a binding agreement to keep Call of Duty on PlayStation following the acquisition of Activision Blizzard. We look forward to a future where players globally have more choice to play their favorite games.

— Phil Spencer (@XboxP3) July 16, 2023

The announcement comes after Microsoft on Friday defeated a last-ditch effort by the US Federal Trade Commission to scuttle the company's $68.7 billion purchase of Activision Blizzard. The Ninth Circuit Court of Appeals declined to grant the regulator an emergency stay of a ruling that allows the deal to proceed in the US. 

This is a developing story. Please check back for updates.

This article originally appeared on Engadget at https://www.engadget.com/microsoft-and-sony-agree-to-keep-call-of-duty-on-playstation-142246583.html?src=rss

Appeals court rejects the FTC’s last-ditch attempt to stop Microsoft from buying Activision

The Federal Trade Commission has been unsuccessful in its last-ditch effort to pump the brakes on Microsoft completing its $68.7 billion purchase of Activision Blizzard. The Ninth Circuit Court of Appeals declined to grant the agency an emergency stay of a ruling that allowed the deal to proceed in the US.

A temporary restraining order was put in place last month to prevent Microsoft and Activision from closing the acquisition until Judge Jacqueline Scott Corley ruled on the FTC's request for preliminary injunction. When Corley rejected the FTC's injunction request this week, she ruled that the agency had until 11:59PM PT on July 14th to obtain an emergency stay from the appeals court. Otherwise, Microsoft and Activision would be free to close the deal in the US after that time.

Corley determined the FTC didn't prove its arguments that the merger would harm consumers. The FTC on Wednesday filed a notice that it planned to appeal Corley's decision. On Thursday, it asked the district court that ruled on the preliminary injunction in the first place to block the merger pending a decision from the appeals court. Hours later, Corley denied that motion.

Back in December, the FTC sued to block the deal on the grounds that it would harm competition. An administrative hearing is set for early August. The agency sought a preliminary injunction to prevent the companies from closing the merger until the antitrust trial takes place. However, the merger deadline is July 18th.

Microsoft and Activision Blizzard are evidently confident of closing the deal by their Tuesday deadline. Activision’s stock will be delisted from the Nasdaq-100 index before the stock market opens on Monday, so the companies may finally seal the deal around that time. 

Microsoft and Activision have yet to resolve issues with a UK regulator, which had blocked the deal over cloud gaming concerns. The companies and the Competition and Markets Authority agreed to put their legal battle on hold to try and resolve the regulator's concerns. The CMA said Microsoft and Activision were welcome to restructure the deal but warned that move may trigger a fresh merger investigation.

This story is developing, refresh for updates.

This article originally appeared on Engadget at https://www.engadget.com/appeals-court-rejects-the-ftcs-last-ditch-attempt-to-stop-microsoft-from-buying-activision-233137222.html?src=rss

UK launches in-depth investigation into Adobe's $20 billion Figma purchase

Adobe is now facing tighter scrutiny of its $20 billion Figma acquisition. The UK's Competition and Markets Authority (CMA) has launched an in-depth investigation of the deal after Adobe declined to make concessions that would resolve antitrust concerns. The "phase 2" probe will have a group of independent experts determine whether or not the merger will reduce competition in design software. The CMA has until December 27th to complete the review.

We've asked Adobe for comment. The company rejected the CMA's claims when plans for the new investigation were unveiled in June, and was still confident it would complete the buyout. It previously said it would treat Figma as an independent company and didn't have plans to raise prices.

The CMA's initial inquiry determined that Figma's web collaboration platform had significant market share, and that a competitive "rivalry" would vanish if Adobe bought the relative newcomer. This could lead to higher prices and less innovation, the Authority said at the time. Adobe, meanwhile, has argued that buying Figma would strengthen both companies' products. Creative Cloud apps would get some of Figma's collaborative features, while Figma's platform would receive some of Adobe's functionality. 

Adobe still hopes to close the Figma merger by the end of the year. It still faces a US investigation, however, and the European Union will make its decision by August 7th. There's no guarantee the purchase will wrap on time or at all, in other words. If any one of these agencies blocks the merger or conducts a prolonged review, Adobe will have to rethink its plans.

This article originally appeared on Engadget at https://www.engadget.com/uk-launches-in-depth-investigation-into-adobes-20-billion-figma-purchase-134313980.html?src=rss

FTC appeals ruling that would have let Microsoft’s Activision takeover move forward

The Federal Trade Commission isn't giving up on its attempt to halt Microsoft's pending $68.7 billion purchase of Activision Blizzard. The agency has appealed Judge Jacqueline Scott Corley's denial of its request for a preliminary injunction to temporarily stop the deal from going through.

The FTC has sued to prevent the merger from happening over antitrust concerns. An administrative trial is set to start in August, but the companies have a merger deadline of July 18th. The agency was concerned Microsoft and Activision would close their deal by then despite a UK regulator blocking the deal in that country.

Bloomberg first reported that the agency was considering an appeal against Corley's decision. The FTC told Engadget after Tuesday's ruling that it would announce its "next step to continue our fight to preserve competition and protect consumers" in the following days.

Corley ruled that, unless the FTC obtains an emergency stay from the Ninth Circuit Court of Appeals by 11:59PM PT on July 14th, a temporary restraining order that's currently preventing Microsoft and Activision from closing the deal will be dissolved. The restraining order was put in place until Corley made a decision on the preliminary injunction.

Meanwhile, after Corley's ruling, Microsoft, Activision Blizzard and the UK's Competition and Markets Authority said they agreed to pause their legal battle and see if they could reach a compromise. The CMA later clarified that although "merging parties don’t have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal." It added that doing so could lead to a fresh merger investigation, which would likely delay the takeover beyond July 18th.

This article originally appeared on Engadget at https://www.engadget.com/ftc-appeals-ruling-that-would-have-let-microsofts-activision-takeover-move-forward-231729137.html?src=rss

Broadcom gets EU approval for its $61 billion merger with VMware

Broadcom just took a big step toward clinching its $61 billion purchase of VMware, albeit with some requirements attached. The EU's European Commission has approved the merger following a months-long investigation of the potential competitive harm. Officials found that Broadcom only had limited opportunities to abuse its power, and that some remedies could ensure healthy competition going forward.

The Commission determined that Broadcom doesn't have a "strong position" that could hurt competition in network and storage adapters, and that it wouldn't have an incentive to limit a networking partnership with AMD and NVIDIA. It also couldn't bundle VMware with its own software. Broadcom would, however have the motivation to squeeze its longtime rival Marvell by limiting the compatibility of that company's Fiber Channel adapters with VMware.

To address this, the EU regulator will require that Broadcom offer third parties the tools to make compatible Fiber Channel adapters. The firm will also have to provide source code for the drivers that run those adapters. Ideally, companies will know that their equipment works properly with VMware's server virtualization technology.

In a statement, Broadcom says that it "continue[s] to make progress" in getting approvals for the merger, and points to similar arrangements in countries like Australia, Canada and South Africa. It's still facing reviews from the US Federal Trade Commission and the UK's Competition and Markets Authority.

If the deal closes, it will represent one of the largest tech acquisitions yet. Only Dell's purchase of EMC ($67 billion) and Microsoft's tentative buyout of Activision Blizzard ($68.7 billion) are larger. For Broadcom, this would also be a pivotal expansion — it would make a deep dive into enterprise software that could help it control more of the business world. To some degree, it would also help Broadcom make up for its failed takeover of Qualcomm in 2018.

This article originally appeared on Engadget at https://www.engadget.com/broadcom-gets-eu-approval-for-its-61-billion-merger-with-vmware-150140942.html?src=rss