Microsoft’s Parity Proposal for the CMA Could Mean Delayed COD Games

Call of Duty game releases could experience some delays in the future.

Microsoft proposed to the UK's Competitions and Markets Authority (CMA) that a third-party assessor could oversee the parity of Call of Duty games to prevent Microsoft from making them like an Xbox exclusive in all but name.

The CMA previously softened its provisionary findings on Microsoft's acquisition deal with Activision Blizzard, with it stating that making Call of Duty games an Xbox exclusive doesn't benefit Microsoft at all.

Microsoft's Proposal To The CMA

Microsoft mentioned in the 23rd to 26th page of a document titled "Microsoft's Response to the CMA's Questions at the Remedies Hearing," dated Mar. 6, that it proposes a parity process that would ensure the equality of Call of Duty games between itself and Sony.

The proposal involves an objective third-party assessor and adjudicator overseeing the development process of Call of Duty games to ensure the equality of its Xbox and PlayStation versions. They could also raise questions about the games based on the reports Microsoft and Activision provides and make recommendations to ensure parity.

Sony also has a say in the development process, though how big of a say it is, the document didn't tell. Finally, Microsoft will submit the full Call of Duty game along with a final report on the parity between its Xbox and PlayStation versions to the assessor before its release to certify it as a game fulfilling the parity requirements.

The assessor will then give a parity report to the adjudicator and Microsoft based on the two versions' content, features, quality, and playability. Once the report is submitted, the adjudicator will determine if the two versions of the game comply with parity provisions.

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Once the adjudicator has decided if the two versions are equal, it would write its findings and conclusion in a Parity Decision, which it will provide to the CMA.

Microsoft said that the Parity Decision might "impose reasonable conditions" which it must comply with before, or as soon as reasonably practicable after, launching the Call of Duty game it developed. These conditions include delaying the release of a Call of Duty game should it not comply with the parity provisions until Microsoft takes steps to ensure compliance.

Gameranx mentioned in its report that it is possible for future Call of Duty games to get delayed for months if they're found non-compliant with the parity provisions. The process could also have the unintended effect of canceling Call of Duty games if there are technical or other reasons that forced Microsoft not to comply with the parity provisions.

Microsoft submitted this proposal to the CMA in early March, though it is uncertain if the CMA would consider and approve it.

CMA's Softening

The CMA previously announced it had received a "significant amount" of new evidence that showed that Microsoft's deal with Activision could not "substantially lessen competition in gaming, consoles, multi-game subscription services, and cloud gaming services." It also concluded that making Call of Duty games an Xbox exclusive doesn't benefit Microsoft at all and that doing so would be "significantly loss-making under any plausible scenario."

However, the CMA has yet to release a final decision if it would still block the former company from acquiring the latter, though it did announce it would release its final decision on the matter on Apr. 26, per Eurogamer.

The CMA is one of the first - if not the first - markets regulator in the world to block Microsoft's acquisition of Activision Blizzard in 2022 with its initial provisional findings.  

Related Article: UK's CMA Reverses Findings on Microsoft-Activision Merger Deal

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