mergers

disney-makes-antitrust-problem-go-away-by-buying-majority-stake-in-fubo

Disney makes antitrust problem go away by buying majority stake in Fubo

Fubo’s about-face

Fubo’s merger with Disney represents a shocking about-face for the sports-streaming provider, which previously had raised alarms (citing Citi research) about Disney’s ownership of 54 percent of the US sports rights market—ESPN (26.8 percent), Fox (17.3 percent), and WBD (9.9 percent). Fubo successfully got a preliminary injunction against Venu in August, and a trial was scheduled for October 2025.

Fubo CEO David Gandler said in February that Disney, Fox, and WBD “are erecting insurmountable barriers that will effectively block any new competitors.

“Each of these companies has consistently engaged in anticompetitive practices that aim to monopolize the market, stifle any form of competition, create higher pricing for subscribers, and cheat consumers from deserved choice,” Gandler also said at the time.

Now, set to be a Disney company, Fubo is singing a new tune, with its announcement claiming that the merger “will enhance consumer choice by making available a broad set of programming offerings.”

In a statement today, Gandler added that the merger will allow Fubo to “provide consumers with greater choice and flexibility” and “to scale effectively,” while adding that the deal “strengthens Fubo’s balance sheet” and sets Fubo up for “positive cash flow.”

Ars Technica reached out to Fubo about its previously publicized antitrust and anticompetitive concerns, whether or not those concerns had been addressed, and new concerns that it has settled its lawsuit in favor of its own business needs rather than over a resolution of customer choice problems. Jennifer Press, Fubo SVP of communications, responded to our questions with a statement, saying in part:

We filed an antitrust suit against the Venu Sports partners last year because that product was intended to be exclusive. As its partners announced last year, consumers would only have access to the Venu content package from Venu, which would limit choice and competitive pricing.

The definitive agreement that Fubo signed with Disney today will actually bring more choice to the market. As part of the deal, Fubo extended carriage agreements with Disney and also Fox, enabling Fubo to create a new Sports and Broadcast service and other genre-based content packages. Additionally, as the antitrust litigation has been settled, the Venu Sports partners can choose to launch that product if they wish. The launch of these bundles will enhance consumer choice by making available a broad set of programming offerings.

“… a total deception”

Some remain skeptical about Disney buying out a company that was suing it over antitrust concerns.

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microsoft-cancels-blizzard-survival-game,-lays-off-1,900

Microsoft cancels Blizzard survival game, lays off 1,900

Survival game won’t survive —

Job cuts hit Xbox, ZeniMax businesses, too, reports say.

Activision Blizzard survival game

Enlarge / Blizzard shared this image teasing a now-cancelled game in 2022.

Blizzard Entertainment/Twitter

The survival game that Blizzard announced it was working on in January 2022 has reportedly been canceled. The cut comes as Microsoft is slashing jobs a little over four months after closing its $69 billion Activision Blizzard acquisition.

Blizzard’s game didn’t have a title yet, but Blizzard said it would be for PC and console and introduce new stories and characters. In January 2022, Blizzard put out a call for workers to help build the game.

The game’s axing was revealed today in an internal memo from Microsoft Gaming CEO Phil Spencer seen by publications including The Verge and CNBC that said:

Blizzard is ending development on its survival game project and will be shifting some of the people working on it to one of several promising new projects Blizzard has in the early stages of development.

Spencer said Microsoft was laying off 1,900 people starting today, with workers continuing to receive notifications in the coming days. The layoffs affect 8.64 percent of Microsoft’s 22,000-employee gaming division.

Another internal memo, written by Matt Booty, Microsoft’s game content and studios president, and seen by The Verge, said the layoffs are hitting “multiple” Blizzard teams, “including development teams, shared service organizations and corporate functions.” In January 2022, after plans for the merger were first announced, Bobby Kotick, then-CEO of Activision Blizzard, reportedly told employees at a meeting that Microsoft was “committed to trying to retain as many of our people as possible.”

Spencer said workers in Microsoft’s Xbox and ZeniMax Media businesses will also be impacted. Microsoft acquired ZeniMax, which owns Bethesda Softworks, for $7.5 billion in a deal that closed in March 2021.

After a bumpy ride with global regulators, Microsoft’s Activision Blizzard purchase closed in October. Booty’s memo said the job cuts announced today “reflect a focus on products and strategies that hold the most promise for Blizzard’s future growth, as well as identified areas of overlap across Blizzard and Microsoft Gaming.”

He claimed that layoffs would “enable Blizzard and Xbox to deliver ambitious games… on more platforms and in more places than ever before,” as well as “sustainable growth.”

Spencer’s memo said:

As we move forward in 2024, the leadership of Microsoft Gaming and Activision Blizzard is committed to aligning on a strategy and an execution plan with a sustainable cost structure that will support the whole of our growing business. Together, we’ve set priorities, identified areas of overlap, and ensured that we’re all aligned on the best opportunities for growth.

Laid-off employees will receive severance as per local employment laws, Spencer added.

Additional departures

Blizzard President Mike Ybarra announced via his X profile today that he is leaving the company. Booty’s memo said Ybarra “decided to leave” since the acquisition was completed. Ybarra was a top executive at Microsoft for over 20 years, including leadership positions at Xbox, before he started working at Blizzard in 2019.

Blizzard’s chief design officer, Allen Adham, is also leaving the company, per Booty’s memo.

The changes at the game studio follow Activision Blizzard CEO Bobby Kotick’s exit on January 1.

Microsoft also laid off 10,000 people, or about 4.5 percent of its reported 221,000-person workforce, last year as it worked to complete its Activision Blizzard buy. Microsoft blamed those job cuts on “macroeconomic conditions and changing customer priorities.”

Today’s job losses also join a string of recently announced tech layoffs, including at IBM, Google, SAP, and eBay and in the gaming community platforms Unity, Twitch, and Discord. However, layoffs following Microsoft’s Activision Blizzard deal were somewhat anticipated due to expected redundancies among the Washington tech giant’s biggest merger ever. This week, Microsoft hit a $3 trillion market cap, becoming the second company to do so (after Apple).

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