“Given the remedy applies only to a defined set of Activision games, which can be streamed only in a defined set of cloud gaming services, provided they are purchased in a defined set of online stores, there are significant risks of disagreement and conflict between Microsoft and cloud gaming service providers, particularly over a ten-year period in a rapidly changing market,” the CMA wrote.
However, the CMA said that the proposal did not sufficiently cover different cloud gaming service business models, including multigame subscription services, and was not sufficiently open to providers who might wish to offer versions of games on PC operating systems other than Windows and would standardize the terms and conditions on which games are available, as opposed to them being determined by “the dynamism and creativity of competition in the market.” Microsoft submitted a proposal to address some of the CMA’s concerns, which involved setting requirements governing what games must be offered by the company to other platforms and on what conditions over a 10-year period.
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