C 285/4
EN
Official Journal of the European Union
14.8.2023
5.
The Advisory Committee (15 MS) agrees with the Commission’s assessment that the notified transaction is unlikely to significantly impede effective competition as a result of vertical non-coordinated effects arising from the targeted foreclosure of rival distributors of console video games as a result of the merged entity’s targeted total or partial input foreclosure strategy by restricting or degrading access to Activision Blizzard’s AAA shooter console video games.
6.
The Advisory Committee (15 MS) agrees with the Commission’s assessment that the notified transaction would likely significantly impede effective competition as a result of vertical non-coordinated effects arising from the targeted input foreclosure of rival distributors of console or PC video games that offer cloud game streaming services as a result of the merged entity foreclosing the supply of Activision Blizzard’s console and PC games.
7.
The Advisory Committee (15 MS) agrees with the Commission’s assessment that the notified transaction would likely significantly impede effective competition on the market for the supply of PC OS as a result of conglomerate effects arising from tying of Activision Blizzard’s games and of Microsoft’s distribution of games via cloud game streaming services to the Windows OS.
Commitments 8.
The Advisory Committee (12 MS) agrees with the Commission’s conclusion that the Consumer License and the Streaming Provider License offered by the Notifying Party on 20 April 2023 remove concerns as to the (i) input foreclosure of providers of rival distributors of console or PC video games that offer cloud game streaming services as a result of the merged entity foreclosing the supply of Activision Blizzard’s console and PC games and (ii) conglomerate effects arising from tying of Activision Blizzard’s games and of Microsoft’s distribution of games via cloud game streaming services to the Windows OS.
1 MS disagrees.
2 MS abstain.
9.
The Advisory Committee (12 MS) agrees with the Commission that, subject to the full compliance with the final commitments offered by the Notifying Party on 20 April 2023, the notified transaction is not likely to significantly impede effective competition in the internal market or in a substantial part of it.
1 MS disagrees.
2 MS abstain.
Compatibility with the internal market and the Agreement on the European Economic Area 10.
The Advisory Committee (12 MS) agrees with the Commission that the notified concentration must therefore be declared compatible with the internal market and the Agreement on the European Economic Area (2) in accordance with Article 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the Agreement on the European Economic Area.
1 MS disagrees.
2 MS abstain.
(2) OJ L 1, 3.1.1994, p. 3.