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It’s not completely delusional. In the recent past, regulators greenlit mergers that ended up being disastrous, so they have good reasons to be more skeptical now. As Bloomberg reported earlier this week, the Federal Trade Commission was criticized for its failure to foresee the impact of letting Facebook buy Instagram. “Regulators more often focus on deals that threaten competition in mature, developed markets,” it wrote. “But the UK action Wednesday reflects a growing emphasis on deals that could impede rivalry in the future.”

At the same time, the CMA’s analysis of cloud gaming relies heavily on prognostication and speculation, and appears to fundamentally misunderstand it in some important ways. In one section, the regulators try to measure the likelihood that cloud streaming platforms could leverage network effects to create walled-off gardens. If Microsoft’s xCloud is the only place to stream Overwatch 2, Diablo IV, and Call of Duty: Warzone 2.0, won’t it create a cascading series of incentives that make it all but impossible for other entities to compete and provide streaming services of their own?

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While it’s impossible to say, that’s certainly not what’s happened in television and movies, where we are drowning in subscriptions for all different types of content. I get Premier League on Peacock, Star Trek on Paramount+, Star Wars on Disney+, Succession on HBO Max, and Curious George on Hulu (the kids want what the kids want). It costs a ton and it sucks actually, but Netflix, while dominant, has hardly stayed the only game in town.

Cloud gaming isn’t a console war

Cloud gaming is of course way more complex, and the CMA rightfully points to Microsoft’s advantages in owning a bunch of the technology and infrastructure as a big challenge for competitors like Nvidia and Sony. That all seems baked into the market at this point, though. Why is Microsoft allowed to own Windows and huge data centers and make computers? I have no idea, but the ship sailed on that one. Whether people aren’t going to subscribe to PS Plus to stream Spider-Man because they are already paying for Game Pass to stream Modern Warfare II seems like a completely separate question.

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It also elides the central point that hardly anyone is paying to subscribe to cloud gaming services right now. Google abandoned Stadia for this very reason. Sony folded PS Now into PS Plus. Nvidia GeForce Now is cool and also still extremely niche (though most importantly is competing on tech rather than content). xCloud is the market leader not because people want to stream Halo Infinite but because it comes free with a Game Pass subscription that you can use to play Starfield on day one on a physical Xbox where it will actually work.

In the end, the CMA seems to be treating cloud gaming like an extension of the console wars, with one platform’s market share coming at the expense of another’s. It seems to be worried less about the technical side of the cloud gaming market, which revolves around software and server racks, than subscriptions like Game Pass that can gain enough critical mass to overwhelm competing services through brute force.

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But the thing with content is you can always make more of it, and you never quite know where the next hit is going to come from. Activision Blizzard only made one of the games on the top-10 best sellers list last year, and it wasn’t even number one in the UK. It’s too early to tell if Microsoft and Activision’s appeal of the CMA’s decision will be successful, or happen quickly enough to salvage the deal. For now it’s hard to see the outcome having a huge impact on the future of cloud gaming either way, at least in the U.S. where the internet it’s provided on remains hopelessly broken.