The Statement outlines the key competition issues that the Commission currently considers important in deciding whether or not to grant clearance to the proposed acquisition.

The Commission invites interested parties to provide comments on the likely competitive effects of the proposed acquisition. Submissions can be sent by email to registrar@comcom.govt.nz with the reference ‘Microsoft/Activision’ in the subject line. Parties should provide a public version of their submission at the same time for publication on the Commission’s case register. Any submissions should be received by close of business on 27 July 2022.

The Commission is currently scheduled to make a decision on the application by 11 August 2022. However, this date may be extended as the investigation progresses.

The Statement of Preliminary Issues and a public version of the application will be available on the Commission’s case register.

Background

Microsoft is a global technology company headquartered in the USA. In relation to video games, in New Zealand, Microsoft:

  • distributes its own video game titles through its online distribution platforms the Microsoft Store, the Xbox Store and Bethesda.net;
  • distributes video games developed by other software companies (such as Activision Blizzard) through its online platforms;
  • offers multi-title gaming subscriptions through Xbox Live and Xbox Game Pass; and
  • produces and sells the Xbox range of video-game consoles, as well as personal computer (PC) hardware and peripherals such as mice and keyboards.

Microsoft’s games include the Minecraft, Forza, Elder Scrolls and Halo titles. 

Activision Blizzard is also headquartered in the US, and develops, publishes and distributes video games. It produces games via its Activision, Blizzard and King business units. 

Activision Blizzard’s games include the Call of Duty, World of Warcraft, Overwatch and Candy Crush titles. 

We will give clearance to a proposed merger if we are satisfied that the merger is unlikely to have the effect of substantially lessening competition in a market.

Further information explaining how the Commission assesses a merger application is available on our website.