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The EU's approval of the Microsoft acquisition of Activision Blizzard enforces expansive pro-consumer remedies that are in stark contrast to the 'hard no' CMA decision in the UK.

Cloud gaming remains the wedge issue in a global standoff amongst regulators over reining in Microsoft and other big gaming platforms.

The overall deal is still in considerable, possibly terminal, trouble with the UK appeal and US lawsuit still to be resolved, and the FTC hearing due in August.

Recent developments in AI have ignited a frenzy in the tech world and wider society. Though some predictions are closer to sci-fi, this new phase is a real advance.

We view AI as a ‘supercharger’, boosting productivity of workers. The impact is already being felt across media sectors, including advertising and publishing.

Firms thinking about using AI should assess which tasks can be augmented and what data is required. Be prepared for unpredictable outputs and a changing legal and tech landscape.

The CMA's decision to block Microsoft’s takeover of Activision reflects the lack of trust regulators have in Microsoft’s leadership and its future plans for game services.

The decision ultimately rewards Sony PlayStation, the market leader, which has little incentive now to transform its high-cost model, but will also stymie PlayStation's own acquisition ambitions.

Getting approval for the acquisition is difficult but not impossible. The European Commission may approve the deal in May. 

 

UK news publishers have rushed to distribute content on TikTok. They are drawn by its enormous young audience, but poor monetisation and data sharing, a lack of referrals to their own sites, and data security concerns are frustrating a full embrace of the platform.

TikTok is increasingly identified as a ‘news source’ by young people: a risk to publishers distributing content on the platform is that their brands may get lost in user feeds.

Publishers should view activity on TikTok as a strategic cost instead of a revenue source: an investment in brand awareness, and development in content and delivery formats that are becoming more widespread across platforms. Brand visibility is key to success here.

The Windsor Framework aims to defuse tensions between the UK and the European Union (EU) over the Protocol on Ireland/Northern Ireland, by allowing a low-friction green lane for goods shipped from Great Britain that terminate in Northern Ireland, and a red lane for goods at risk of being placed on the EU Single Market. 

While goods landed in Northern Ireland that are not at risk of being placed on the EU Single Market benefit from trade facilitation, those produced in Northern Ireland that are at risk remain subject to EU laws, which must be aligned by the UK Parliament or the Assembly, as they change.

Whether the unionists agree to restoring power-sharing with the nationalists in the Assembly under the 1998 Belfast/Good Friday Agreement depends on their acceptance that Northern Ireland will remain in the EU Single Market, to preserve seamless trade across the land border with the Republic of Ireland/EU.

Jon Steinberg has been announced as the new CEO of Future, one of the most hotly anticipated executive appointments in UK media, succeeding Zillah Byng-Thorne, who has turned a publishing basket case into a digital powerhouse

Future’s new CEO will double down on US expansion, and take on the thorny challenge of transitioning female lifestyle content through the ecommerce utility funnel so successfully applied to tech and gaming

Steinberg’s appointment looks more evolution than revolution, cementing the transformation carved out by his predecessor, though his entrepreneurial experience may yet bring further innovation and M&A

Microsoft’s planned acquisition of Activision Blizzard is in trouble. US, UK, and European regulators may make the deal impossible for Microsoft—and a disaster for Activision and the wider industry. 

Sony’s late improvement in PlayStation 5 sales is only just enough to reach its target numbers for the year. It needs a more dynamic approach to a rapidly changing industry, and a less dogmatic message to consumers and regulators. 

Netflix Games is more than a trial—it’s on track to become a major games platform. 

High inflation ahead of wage increases and higher interest rates are combining to provoke a mild recession in real consumption expenditure in 2023. Consumers are  sustaining spend to a degree by depleting their financial firepower, promising a mild recovery in 2024.

UK display advertising will again lag consumption growth in 2023. Online display is growing much slower after a giddy two years. Incumbents are challenged, particularly for higher-funnel spend, but the long-term fundamentals remain: economy and society are moving online.

While TV revenue will decline in 2023, its effectiveness for advertisers ensures it is well placed to benefit from any recovery. Digital revenues will see growth this year.

This report is free to access.

Cross-party support for an 11th hour amendment to the Online Safety Bill’s Commons report stage has forced the Government to agree that a new criminal liability for tech executives will be added in the Bill’s passage through the Lords.

The proposed amendment cites faulty precedents, including in financial services, and a new, not yet established Irish online safety regime that is lengthy in procedural steps before criminal sanction.

The introduction of criminal liability will not strengthen the safety objectives of the bill. It is at odds with the approach of the wider regulation, and is practically unworkable.

The amended Online Safety Bill contains sensibly scaled back provisions for “legal but harmful” content for adults, retaining the objectives of removing harms to children and giving users more choice. However, this comes at the expense of enhanced transparency from platforms.

News publishers have won further protections: their content will have a temporary ‘must-carry’ requirement pending review when flagged under the Bill’s content rules. Ofcom must keep track of how regulation affects the distribution of news.

The Bill could be further strengthened: private communications should be protected. Regulators will need to keep up with children’s changing habits, as they are spending more time on live, interactive social gaming.