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Microsoft’s Ubisoft Cloud-Gaming Deal: What the 2023 CMA Remedy Changed

Microsoft transferred defined Activision Blizzard cloud-streaming rights to Ubisoft as part of a 2023 restructuring that secured CMA approval. It did not sell Ubisoft the games or their ownership.
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The headline describes a real deal, but not breaking news: Microsoft announced the Ubisoft arrangement in August 2023, and the UK Competition and Markets Authority (CMA) approved the restructured acquisition when it closed on October 13, 2023. Microsoft transferred defined cloud-streaming rights for Activision Blizzard games to Ubisoft—not ownership of Activision Blizzard or its games.

Why the CMA objected to Microsoft’s original deal

On April 26, 2023, the CMA blocked Microsoft’s proposed acquisition of Activision Blizzard, citing competition risks in cloud gaming. Its concern was that Microsoft could combine Activision Blizzard’s important game catalog with its Xbox ecosystem and cloud infrastructure, gaining the ability and incentive to disadvantage rival streaming services or limit their access to games such as Call of Duty, Overwatch and World of Warcraft. The regulator said that could reduce innovation and choice. The CMA’s explanation of its original decision sets out that rationale.

Microsoft then proposed a restructured transaction. Rather than leave Microsoft in control of the relevant cloud-streaming rights, the arrangement placed those rights with Ubisoft, an independent company able to license them to multiple providers. The CMA reviewed the revised proposal and concluded that it addressed its remaining cloud-gaming concerns. The CMA’s account of the revised deal explains the change.

What Microsoft transferred to Ubisoft

The transfer covered the cloud-streaming rights for Activision Blizzard’s current PC and console games, plus games released during the 15 years after Microsoft completed its acquisition. Cloud streaming means running a game on remote servers and delivering the play session over the internet; it is a specific form of access, not a transfer of the underlying game or its intellectual property.

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  • Ubisoft can license the covered streaming rights to cloud-gaming services, service providers and other platforms.
  • It can offer or license games under different commercial models, including buy-to-play and multigame subscriptions, as well as models that may emerge later.
  • The arrangement does not guarantee that each covered game will be available on every provider or in every territory. Actual access can depend on licensing, technical support, regional rules and a service’s catalog.

Microsoft’s FAQ on the streaming-rights transfer describes the rights and 15-year coverage. Ubisoft’s announcement of the arrangement also explains its role as a licensor.

What Ubisoft did not receive

Ubisoft did not buy Activision Blizzard, acquire the copyrights to its games, or take over ordinary publishing and console-distribution rights. Microsoft became the owner of Activision Blizzard when its acquisition closed; the Ubisoft arrangement carved out a defined category of cloud-streaming rights rather than handing over the games themselves.

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It also did not make Activision Blizzard titles Ubisoft console exclusives or give Ubisoft automatic control over every way a player can buy or play them. A console purchase, PC distribution and cloud streaming involve different rights and arrangements. The remedy concerns the last of those.

How the arrangement differs by region

The deal should not be described as an identical, exclusive worldwide transfer. Outside the European Economic Area (EEA), the restructured transaction transferred the relevant cloud-streaming rights to Ubisoft generally on an exclusive basis. In the EEA, Microsoft’s separate, legally binding commitments to the European Commission continued to govern relevant cloud access; the rights there were not transferred to Ubisoft on the same exclusive basis.

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Region Relevant framework What that means
United Kingdom The CMA reviewed and approved the restructured deal. The remedy addressed the CMA’s cloud-gaming competition concerns through the transfer of the relevant rights to Ubisoft.
EEA European Commission cloud-streaming commitments remained relevant. EEA access followed those separate commitments; Ubisoft’s position was not the same as its generally exclusive rights outside the EEA.
Outside the EEA The restructured transaction transferred the relevant cloud-streaming rights to Ubisoft. Ubisoft could license those rights to providers, subject to the deal’s terms and applicable arrangements.

The CMA’s case page documents the UK review. For the EEA, Microsoft’s FAQ on the European cloud-gaming commitments describes the separate framework and existing provider agreements.

What this means for Xbox and cloud-gaming players

Xbox Cloud Gaming

The arrangement did not impose a blanket ban on Xbox Cloud Gaming carrying Activision Blizzard games. Instead, outside the EEA, Microsoft could no longer treat the relevant streaming rights as if it controlled them outright; its ability to stream covered games depends on the applicable Ubisoft licensing arrangement and territory. Cloud rights also do not determine whether a game is available for purchase or play on an Xbox console.

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GeForce NOW and other cloud services

Ubisoft’s role creates a route for multiple providers to seek access, but a rights transfer is not a promise that every game will appear on every service. Microsoft’s EEA FAQ says that, at the time of closing, it had agreements with providers including Nvidia GeForce NOW, Ubitus, Boosteroid and Nware. Those licensees did not automatically need a second Ubisoft license for rights already covered by their existing Microsoft agreements. Availability still depends on the provider, title, territory and terms of the applicable agreement.

Ubisoft+ and additional subscriptions

Ubisoft’s cloud page lists selected Activision and Blizzard games as playable through GeForce NOW and Blacknut with Ubisoft+ Premium, but says the cloud provider’s membership is not included and requires a separate subscription. That is a practical example of why owning a subscription or holding a streaming license does not necessarily provide a complete, ready-to-play catalog by itself. Ubisoft’s cloud-gaming page lists the supported games and membership caveat; catalogs and conditions can change.

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Console and purchased-game access

The remedy addresses cloud streaming, not ordinary console access or ownership of a purchased copy. Whether a particular title can be bought, installed or played through a subscription remains a separate question from whether a cloud provider has rights to stream it.

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Why Ubisoft was central to the remedy

The CMA’s remedy logic was to put the cloud rights outside Microsoft’s control and enable an independent holder to negotiate with competing services. Ubisoft could choose commercial models and license to different providers, rather than leaving Microsoft as the sole gatekeeper for the covered rights. The CMA described the concession as a significant change to the original deal and approved the revised transaction on that basis. Its approval statement explains the regulator’s view.

That was the intended competitive safeguard, not proof that every provider would receive a license, that prices would fall, or that every game would immediately reach more players. Licensing still involves commercial and technical decisions, and consumer access depends on the resulting service offers.

Timeline: from CMA block to approval

Date Event
April 26, 2023 The CMA blocked the original acquisition, citing cloud-gaming competition concerns. CMA announcement
August 21–22, 2023 Microsoft announced a restructured transaction involving transfer of Activision Blizzard cloud-streaming rights to Ubisoft. Microsoft announcement
August 22, 2023 The CMA opened a new review of the restructured transaction. CMA announcement
September 22, 2023 The CMA said the revised deal addressed its previous cloud-gaming concerns, subject to final review. CMA announcement
October 13, 2023 The CMA approved the restructured acquisition, excluding Activision Blizzard’s non-EEA cloud-streaming rights; Microsoft completed the acquisition. CMA case page

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