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For those following the case, the CMA’s latest intervention will not come as a surprise – it is the next step on the regulator’s recent roadmap for how and when it will weigh in with its final ruling. This month, we were due the CMA’s October “issues statement” – and it seems that this is the document to which Microsoft has now publicly responded. In response, Microsoft said such “unsupported theories of harm” were not enough to even warrant the CMA’s current Phase 2 investigation – which was triggered on 1st September. While Sony may not welcome increased competition, it has the ability to adapt and compete. Gamers will ultimately benefit from this increased competition and choice.
CMA should consider welfare enhancing and indeed encourage. It is not something that the CMA should be trying to prevent. The CMA is due to notify Microsoft of its provisional findings in January 2023, at which point it can seek possible remedies to any sticking points raised. The regulator’s final report – and overall ruling – will then be published no later than 1st March next year. Enjoy ad-free browsing, merch discounts, our monthly letter from the editor, and show your support with a supporter-exclusive comment flair!