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Everything posted by Commissar SFLUFAN
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I always misread the title of this game as "Eritrean Odyssey".
- 5 replies
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- Etrian Odyssey
- Etrian Odyssey Origins Collection
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(and 2 more)
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I just had another thought. Let's assume that MS/ABK "wins" Step 2 and the CAT vacates the original CMA decision, I wonder if MS/ABK can then take the case directly to the UK Court of Appeals and have it decided in the "real" legal system and therefore avoid having it remitted to the CMA for another round? I think I'll see if I can find this out!
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Alright - from what I've read, the "loser" of the CAT's decision can then appeal to the UK Court of Appeals within the "real" judicial system. So, this is potentially how this will play out: 1. Assuming that the CMA rejects whatever structural/behavioral remedies MS/ABK comes up with, the next step would be for MS/ABK to appeal the CMA decision to the Competition Appeal Tribunal (CAT). 2. The CAT will not rule on the actual merits of the CMA's decision, but rather will apply a "judicial review" standard to determine whether the CMA acted "irrationally, illegally, or with procedural impropriety" in making its decision. 3. If MS/ABK wins the appeal, the CAT does not make a fresh decision, but will instead remit the case back to the CMA for further review. 4. The party that "loses" the CAT decision (the CMA or MS/ABK) can appeal that decision to the UK Court of Appeals and the case will then enter the "normal" UK judicial system.
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Nintendo Nintendo Direct February 8 2023 at 2:00 PT | 5:00 ET
Commissar SFLUFAN replied to Keyser_Soze's topic in The Spawn Point
That Zelda CE is pretty damned pathetic. -
I just self-administered a stool sample. AMA.
Commissar SFLUFAN replied to Commissar SFLUFAN's topic in The Shower
Seems fine to me! I haven't noticed anything unusual during the routine inspections of my output. -
It all comes down to how hard a line the CMA (and in reality, it's the CMA that will make or break this transaction because there is no judicial review in the UK of CMA decisions) takes regarding remedies short of the divestiture of the CoD IP. If the CMA rejects the proposed remedies in its final report, the only avenue of appeal available to MS involves going to the Competition Appeal Tribunal (CAT). As per a British legal site: Of all the major antitrust regulatory bodies, the CMA is the one that genuinely appears to have the most teeth and isn't afraid to use them. The CMA was the one largely responsible for killing Nvidia's $40 billion acquisition of Arm.
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Nintendo Nintendo Direct February 8 2023 at 2:00 PT | 5:00 ET
Commissar SFLUFAN replied to Keyser_Soze's topic in The Spawn Point
Ahem. -
There is no way that solely behavioral remedies -- no matter how well-structured -- will be acceptable to the CMA. However, there is every reasonable possibility that those well-structured behavioral remedies in conjunction with some form of non-prohibitive (and by that I mean ones that don't involve the complete divestiture of the CoD IP) structural remedies would be enough to satisfy the CMA.
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ISW analysis for 07 February 2023: Russian Offensive Campaign Assessment, February 7, 2023 | Institute for the Study of War WWW.UNDERSTANDINGWAR.ORG Russian Defense Minister Sergei Shoigu held a press conference on the status of the war on February 7, likely in an attempt to posture the Russian Ministry of Defense (MoD) as an effective and involved leadership apparatus as the Russian military
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The good news for MS/ABK is that the CMA didn't outright say "OLOLOLOLOLOLOHellNoOLOLOLOLOLOLO" to the proposed deal and by actually articulating possible remedies, they've left the door open for negotiation. The bed news for MS/ABK is that the the negotiating "wiggle room" based on those proposed remedies is extremely narrow and could very well be impossible to reconcile. I'd say this deal 60/40 (maybe 70/30) in favor of not coming to fruition.
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The CMA has issued its provisional report and while it is generally opposed to the deal, it did offer a path forward with these example "structural remedies": You're right @Spawn_of_Apathy - it's ALL about CoD! These suggested "divestiture of CoD" structural remedies strike me as an absolute non-starter so MS/ABK had better hope that the CMA is open to negotiations based on the proposed remedies MS floated to the EC such as the 10 year contract for CoD non-exclusivity, otherwise this deal is dead.