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The Guardian - UK
The Guardian - UK
Business
Jasper Jolly

No 10 hits back at Microsoft after company says EU ‘more attractive’ post-Brexit after takeover blocked – as it happened

Microsoft vice chair and president Brad Smith, speaking in Washington in 2017.
Microsoft vice chair and president Brad Smith, speaking in Washington in 2017. Photograph: Stephen Brashear/Getty Images

Closing summary: No. 10 in dispute with Microsoft over approach to business

Prime Minister Rishi Sunak is quite at home on the US West Coast (so much so that he and his wife own a penthouse in Santa Monica), so he probably will not welcome being drawn into a war of words with one of the world’s biggest tech companies over his government’s approach to business.

Microsoft reacted furiously after the UK’s competition regulator on Wednesday blocked its $69bn (£55bn) mega-deal to buy games maker Activision Blizzard. Microsoft president Brad Smith criticised the UK’s post-Brexit direction, taking aim at the central project of the Conservative government over the past seven years. He said:

For all of us who had some hope that the UK post-Brexit, that the UK would construct a structure that would even be more flexible, that would be better for investment, better for technology, we’re now finding that the opposite appears to be true.

Sunak’s spokesman was forced to respond that Smith’s comments were “not borne out by the facts”.

We continue to believe, as I set out, that the UK has an extremely attractive tech sector and a growing games market. We will continue to engage proactively with Microsoft and other companies. That won’t change.

In other news from the business world today:

  • The UK government had probably hoped that its biggest business intervention of the week would be its gambling white paper, which laid out tighter regulations for the sector aimed at preventing heavy losses on the most addictive online products.

  • The new boss of the Confederation of British Industry said it is likely to be renamed as part of an overhaul following a sexual harassment scandal revealed by the Guardian.

  • The US economy slowed sharply from January through March, decelerating to just a 1.1% annual pace as higher interest rates hammered the housing market and businesses reduced inventories.

  • The train drivers’ union Aslef has announced three more days of rail strikes in May and June, dashing hopes that the long-running dispute could be coming to an end.

You can continue to follow our live coverage from around the world:

In the UK, Steve Barclay says the Royal College of Nursing left him with no choice but to go to court to block unlawful strike

In the US, Kevin McCarthy basks in rare win after Republicans unite to pass debt ceiling plan

In our coverage of the Russia-Ukraine war, Moscow makes nuclear weapons threat if ‘patience’ is ‘tested’; Mykolaiv death toll rises to seven

In our coverage of the Sudan crisis, the UK appeals to generals to put Sudanese people first as fighting intensifies in Darfur

Thank you for following today, and please do join me tomorrow for more live coverage. JJ

Flutter Entertainment, the owner of Betfair and Paddy Power, has said the UK government’s gambling reforms could cost the FTSE 100 company between £50m and £100m a year from 2024 onwards.

That adds to £150m already “removed” from its revenues by voluntary actions and extra costs made ahead of the rules, it said.

Liz Ritchie founded campaign group Gambling with Lives, with her husband after their son, Jack, took his life because of gambling addiction. She said:

After a long fight we’ve won concessions on some of the key areas but so much more needs to happen to reduce the horrendous harm caused by one of the most loosely regulated gambling industries in the world.

We’ve won the argument against a powerful gambling lobby but this is just the beginning. There’s another family devastated by gambling suicide every day, and we won’t stop until the deaths do.

Peter Jackson, Flutter’s chief executive, said the reforms were “a significant positive moment for the UK gambling sector, raising standards and bringing the regulatory framework into the digital age”.

Flutter said it will lobby in the consultations on rules for “providing support to the minority at risk of gambling harm without interfering disproportionately with the enjoyment of the vast majority”.

Helge Lund, chair of BP’s board, is facing a shareholder rebellion against his reappointment.
Helge Lund, chair of BP’s board, is facing a shareholder rebellion against his reappointment. Photograph: Jacky Naegelen/Reuters

BP’s annual general meeting has erupted in protest, forcing the oil giant to call security to forcibly remove climate campaigners.

BP chairman Helge Lund barely finished the first line of his address to shareholders before the first protestor, a woman, called on BP to take responsibility for its role in the climate crisis. Within ten minutes three protestors were removed by security personnel, which have maintained a high profile presence at this year’s event.

The protestor said:

You need to be taking action right now, today. It’s not enough. It’s just not good enough. People are dying because of your operations now. Step up and take responsibility. Stop your drilling. Stop your lies. This is an emergency.

BP company secretary Ben Matthews apologised to shareholders for the language and conduct of the protestors as they were removed, with a smattering of applause heard from some shareholders at the meeting, before returning the floor to Lund.

A string of pension funds are expected to vote against Lund’s re-election at this year’s AGM after BP watered down its green commitments earlier this year without consulting investors.

Lund said:

Not everyone will agree with every decision we’ve made. There will always be a range of views. We are listening to those views. And we are grateful for the broad support shareholders have given so far.

The CEO of Lloyds Banking Group is ordering staff to spend at least two days a week in-office, in a move that its union claims will do “immediate and tangible damage” to work-life balance and family budgets.

Charlie Nunn made the announcement in a note to staff this morning, which also explained that anyone working compressed hours would have to negotiate new working patterns with managers, Accord said.

Accord said the decision was made without staff or the union’s input, and that members were expressing “shock, disappointment and anger at what they see as unnecessary disruption to their lives.”

These changes will do immediate and tangible damage to members’ working lives, work/life balance and their family budgets. Any benefits to Lloyds Banking Group are not immediate or tangible in our view. Even if the changes can be introduced for the target population, we believe there will be a tremendous loss of goodwill and other currently unforeseen negative consequences.

A Lloyds Banking Group spokesperson said its new hybrid working policy, which has been in place since 2021, “brings clarity on our hybrid approach moving forward and will enable us to continue to best meet the evolving needs of our customers.”

There is a lot for Fed officials to think about, as the US economy slows and they tighten monetary policy. So they won’t be best pleased by a story that has just emerged that its chair, Jerome Powell, was tricked into a video call with apparent Russian pranksters.

Powell spoke to people posing as Ukrainian President Volodymyr Zelenskiy, according to video shown on Russian state television.

The video appears to show Powell sitting (against a rather fetching tree-filled virtual background) in suit and tie and discussing US monetary policy. It is unclear whether the substance of the video has been edited, but the Federal Reserve has confirmed that the prank call happened, Bloomberg News reported.

Chair Powell participated in a conversation in January with someone who misrepresented himself as the Ukrainian president. It was a friendly conversation and took place in a context of our standing in support of the Ukrainian people in this challenging time. No sensitive or confidential information was discussed.

The matter has been referred to appropriate law enforcement, and out of respect for their efforts, we won’t be commenting further.

Powell is not the first person whose security should probably be tighter to be tricked into taking prank calls from the same pair: European Central Bank president Christine Lagarde also reportedly had the same experience. Bank of England security are no doubt double checking Andrew Bailey’s calendar.

The slower-than-expected US GDP data suggest that the world’s largest economy is at risk of falling into recession, according to some economists and investors.

Andrew Hunter, deputy chief US economist at Capital Economics, a consultancy, said:

The disappointing 1.1% annualised rise in first-quarter GDP indicates that the economy had less forward momentum at the start of this year than previously thought. We continue to expect the drag from higher interest rates and tightening credit conditions to push the economy into a mild recession soon.

The data confirm the message from other indicators that while economic growth is slowing, it isn’t yet collapsing.

Tom Hopkins, portfolio manager at BRI Wealth Management, said:

This is the outcome the Federal Reserve wanted, and investors will be poised to see how the economy fares over the coming months. Whilst inflation in the US is cooling, the labour market continues to remain tight.

The Federal Reserve meets again next week, in which another rate rise looks likely before an expected pause in hikes over the summer. The question remains, will the US slip into a recession this year or will its resilience prevail?

US GDP growth slowed sharply in first quarter of 2023

US GDP growth slowed sharply in the first quarter of 2023 as the Federal Reserve raised interest rates.

The world’s largest economy grew at an annualised rate of 1.1%, a steep drop from the 2.6% recorded in the fourth quarter of 2022, according to the US Bureau of Economic Analysis.

That was well below the 2% consensus expected by economists.

Some UK-based commentators are also pushing back on Microsoft’s portrayal of the block on its takeover of Activision Blizzard as a blow to British reputations.

Dan Ridsdale, director of tech, media and telecoms at Edison Group, an investment consultant, said:

The assertion that the CMA’s decision to bloc the deal is symptomatic of the UK becoming less attractive to do business is off the mark, in my view. In the US, the Federal Trade Commission is also seeking to block the deal, for example, and other countries may well also follow suit.

The concerns relate to Microsoft’s record or acquiring and using valuable content from rival consoles or streaming platforms to supress competition. Relative to the US, the UK has quite a console-centric gaming community, and while the streaming market is still developing, Microsoft already holds a very strong hand.

Microsoft has explicitly said that it has no plans to make any of Activision’s headline titles (Call of Duty, World of Warcraft and Overwatch) exclusive to its platform. To do so would cut out enormous revenue streams, meaning that the acquisition would make no sense financially.

However, the CMA seems concerned that Microsoft’s ability to incentivise users to switch through promotions, optimisations, etc., is strong enough to warrant blocking the deal.

Bernardine Adkins, head of EU trade and competition at Gowling WLG, a law firm, suggests that the CMA’s decision did not come out of the blue:

Rather than representing any post-Brexit regulatory divergence by the CMA, this prohibition decision is the latest in a line of similar prohibitions for ‘killer acquisitions’ across a number of jurisdictions. As this deal would have presented a major foothold for thus far enterprise-centric Microsoft into the mobile/consumer market, Microsoft has unsurprisingly has said it will appeal.

However, Adkins added that decisions to completely block mergers may not be very common in the future. Instead, the focus could be more on regulation, which is easier to adjust – and does not take months of investigation into each case.

One cannot help but speculate as to whether the days of such prohibition decisions are numbered, at least for the digital giants. The EU and now the UK are migrating from the largely slow-moving and contentious application of the competition rules, and introducing a regulatory approach to check the market power of these players.

This begs the question as to whether an outright prohibition of an acquisition will be viewed as an outmoded instrument in such contexts. And so yesterday saw the issuance in the UK of the Digital Markets, Competition and Consumers Bill, which follows in the trail of the EU’s Digital Markets Act, and which promises to regulate digital players with ‘strategic market status’ – albeit by a different method to that of the EU but, some would argue with similar results.

Here are those comments from Rishi Sunak’s spokesman on Microsoft’s criticisms of the UK in full.

The Prime Minister’s spokesman said:

More broadly, those sorts of claims are not borne out by the facts. The UK’s games market is rapidly growing. It’s doubled in size over the past decade to its current value of £7bn in 2022.

Last year the UK became the third country in the world to have a tech sector valued at one trillion dollars (£802bn). That’s behind only China and the United States in terms of investment, and the first in Europe by some distance.

We continue to believe, as I set out, that the UK has an extremely attractive tech sector and a growing games market. We will continue to engage proactively with Microsoft and other companies. That won’t change.

Updated

One thing missing in Microsoft’s public criticisms of the UK is the comparison with the US.

The US Federal Trade Commission is suing to block the takeover of Activision Blizzard by Microsoft as well.

European authorities could also block the deal, although Microsoft’s Smith appeared confident the company could assuage EU concerns. Microsoft is expected to appeal the CMA’s ruling.

For the US political right (or at least the pro-big business part of the right that has survived Donald Trump’s takeover of the Republican party) the prospect of a British regulator blocking a deal between two US-headquartered companies is not welcome whatsoever.

Jay Clayton and Gary Cohn, two top officials in Trump’s administration, have written a joint opinion article for the New York Times (£) in which they accuse the UK Competition and Markets Authority (CMA) of being “the tail wagging the dog”.

They see the CMA decision as US Democrats “finding a way to substitute European Union regulation, which is more in line with progressive objectives, for US regulation”.

They wrote:

[T]he Federal Trade Commission, which is unapologetically anti-merger when it comes to Big Tech, has been using all available means to block the transaction. This includes making procedural choices that have, intentionally or not, allowed British regulators to step in and propose their own remedies.

[N]ow there is no doubt that a transaction involving two major US companies will have its timing and material terms dictated by Europeans.

There are some confusing aspects of the article – not least the fact that the CMA’s Microsoft decision appears to be used as evidence of the “European Union’s unprecedented power grab” over US companies.

Nevertheless, it shows how the UK’s approach to Big Tech has to strike a sensitive balance the British government’s desire for more muscular regulation with the geopolitical implications of regulating US-headquartered companies.

Sunak spokesman: Microsoft comments are not accurate

It isn’t often that a senior executive at a global tech company bashes the UK’s whole approach to business, but that was the challenge laid down by Microsoft president Brad Smith to Prime Minister Rishi Sunak this morning.

Smith said that the decision by the UK’s Competition and Markets Authority suggested that the EU was now a more attractive place for people to start a business. And he suggested that it meant that the UK post-Brexit has become less welcoming for business.

You can read the full comments in this morning’s post.

Sunak’s spokesman has responded. According to Reuters, he noted that the watchdog is independent.

The Microsoft comments are not accurate, and Britain has an attractive tech sector, the spokesman said.

The government will continue to engage proactively with Microsoft, he added.

Updated

The market reaction to the government’s gambling reforms has so far been fairly limited.

Shares in Entain, the owner of brands like Ladbrokes and Coral, are up by 0.6% today. Flutter Entertainment, the owner of Paddy Power and Betfair, has dipped by 0.3%.

Entain has put out an initial statement welcoming the publication of the review, but adding that it will need detailed assessment. Flutter said it would have to look at it more closely before commenting.

Jette Nygaard-Andersen, Entain’s chief executive, said:

The UK Gambling Act Review is an important step towards having a robust regulatory framework that is fit for the digital age and creates a level playing field for all operators. We welcome the clarity that it will bring to the industry and customers.

She said the company had already brought in a “comprehensive range of actions to protect our customers”.

Entain also hints at a reason that the market reaction has been muted. The company said many of the proposals “align with actions that Entain has already implemented”. That includes Entain’s voluntarily paying 1% of UK gross gaming revenues to the UK government – suggesting the levy increase will not affect their financials too much.

Government reveals gambling reforms including online slot stake limits

Proposals to tighten regulation of online gambling have been published by the government, in a long-awaited shake-up of laws passed before smartphones put 24-hour casino games and sports betting in every pocket.

After multiple delays, the Department for Digital, Culture, Media and Sports (DCMS) released a white paper on Thursday morning, laying out its blueprint for regulating the modern gambling industry.

The culture minister Lucy Frazer told the House of Commons that gambling could wreck lives and ministers were “bringing our pre-smartphone regulations into the present day with a gambling white paper for the digital age”.

The proposals include:

  • A 1% mandatory levy on industry revenues.

  • Tougher affordability checks to prevent huge losses.

  • Online slot machine stakes capped at between £2 and £15.

  • Curbing “free spin” and “bonus” offers.

  • Measures to slow down online casino games.

  • More resources for the Gambling Commission.

  • Plans for a gambling ombudsman.

Some of the measures – such as slot machine stakes and bonus offers – will go out for further consultation, signalling fresh delay to a process that began in late 2020, when the government launched a review promised in Boris Johnson’s 2019 election manifesto.

Three days of strikes by UK train drivers - including FA Cup final day

The FA Cup trophy after Liverpool won the 2022 final at Wembley stadium.
The FA Cup trophy after Liverpool won the 2022 final at Wembley stadium. Photograph: Marc Atkins/Getty Images

Train drivers’ union Aslef has announced three more days of rail strikes in May and June, dashing hopes that the long running dispute could be coming to an end.

Drivers at England’s government-contracted train operating companies will stage three separate 24-hour strikes after the union rejected what it called a “risible” 4% pay offer.

The strikes are likely to stop most, if not all, trains at the affected companies, which include the main intercity operators and commuter services around England, and also some cross-border services to cities and towns in Scotland and Wales.

The strikes will take place on Friday 12 May, Wednesday 31 May, and Saturday 3 June, the day of the FA Cup final when many fans will be travelling from the north-west to London to see two Manchester teams play at Wembley.

The affected companies are Avanti West Coast; Chiltern Railways; CrossCountry; East Midlands Railway; Great Western Railway; Greater Anglia; GTR – Great Northern and Thameslink; LNER; Northern; Southeastern; Southern/Gatwick Express; South Western Railway; SWR depot drivers; SWR Island Line; TransPennine Express; and West Midlands Trains.

You can read the full story here:

The logo of Deutsche Bank in Brussels, Belgium.
The logo of Deutsche Bank in Brussels, Belgium. Photograph: Yves Herman/Reuters

Deutsche Bank is to cut 800 jobs in the German lender’s latest cost-cutting drive – even as it reported its highest profits in a decade.

Profit before tax rose by 12% year-on-year to €1.9bn (£1.7bn), the highest quarter since 2013. Revenues grew by 5% to €7.7bn, the biggest since 2016.

European banks have struggled during the 15 years since the financial crisis, and Deutsche Bank has long had to face questions about its future. Rising interest rates have finally started to help banks, but they are still trying to persuade investors that they are doing enough to improve their profitability.

When asked about the job cuts, Deutsche Bank chief executive Christian Sewing told reporters:

We need to further speed up and that’s what we are doing.

Reuters reported:

The jobs will come from across the bank but will be focused on senior non-client facing roles, executives said, describing the move as one of several measures to cut costs by an additional €500m over the next few years. Deutsche’s staff totalled 86,712 at the end of the first quarter.

When costs are rising rapidly companies are often faced with a choice: keep prices the same and lower profitability, or raise prices and risk losing sales. But Unilever, Britain’s biggest consumer goods company, has managed to push up prices further without a big fall in volumes.

Investors appear contented this morning after its latest results. Unilever’s share price has gained 1.5% so far today.

Hellmann's, a brand of Unilever, on display in a store in Manhattan.
Hellmann's, a brand of Unilever, on display in a store in Manhattan. Photograph: Andrew Kelly/Reuters

Here is Reuters’ take on the results:

Unilever smashed quarterly sales forecasts on Thursday as another big rise in prices from the maker of Dove soap and Ben & Jerry’s ice cream triggered only a small dip in volumes, sending its shares up nearly 2% in early trade.

The 10.7% increase in prices was, however, lower than in recent quarters, adding to signs inflationary pressures might be easing as input costs declined.

Unilever reported a 10.5% rise in underlying first-quarter sales to €14.8bn (£13.1bn), beating analysts’ average forecast for a 7.2% increase, according to a company-provided consensus.

An employee walks inside a Sainsbury’s supermarket in Richmond, west London.
An employee walks inside a Sainsbury’s supermarket in Richmond, west London. Photograph: Henry Nicholls/Reuters

Sainsbury’s profits slumped by more than 60% last year despite a near 6% rise in sales as the company said it was battling inflation.

The UK’s second biggest supermarket said it made pre-tax profits of £327m, down from £854m a year before, after £363n of one-off items including the cost of restructuring its Argos business and write downs on the value of stores.

Underlying profit fell 5% to £690m, better than analysts had expected, but the company said profits were most likely to fall again in the year ahead – predicting an outcome of £640m to £700m.

Simon Roberts, the chief executive of J Sainsbury plc, said Sainsbury’s had spent more than £560m on keeping its prices down in the face of high inflation over the last two years – £10m more than planned.

Updated

After that early flurry of news, it’s time to check on UK corporate updates published this morning.

The UK’s FTSE 100 benchmark stock index is flat – it was reading a 0% gain a few seconds ago – but the one larger move on the index is Barclays bank. Its shares gained 4.7% in the first hour and a half of trading.

The office of Barclays bank in London’s Canary Wharf.
The office of Barclays bank in London’s Canary Wharf. Photograph: Tolga Akmen/AFP/Getty Images

Barclays reported a record-high profit for the first three months of the year as higher interest rates bolstered its income in the UK, the Press Association reports.

The bank said it made a pre-tax profit of £2.6bn in the first quarter of the year, jumping well ahead of analysts’ expectations of a £2.2bn profit, and 16% higher than this time last year.

It marks the highest quarterly profit since 2011 when accounting standards changed, Barclays said.

The bank is putting behind it some of the “legacy issues” – an expensive trading blunder and and investigation into its former chief executive’s relationship with convicted sex offender Jeffrey Epstein – that have distracted investors at previous results, said John Moore, senior investment manager at RBC Brewin Dolphin, said:

Barclays’ results demonstrate what it is capable of. The bank’s previous updates have tended to be overshadowed by legacy and conduct issues – this seems like the first time in a while its performance has been the principal focus. Profits are surging in the higher interest rate environment and the addition of bolt-on acquisitions should be income accretive for the future.

There is, perhaps, a nod to the banking sector’s recent troubles by the absence of a commitment to increased shareholder returns, despite significant improvements more or less across its operations. Nevertheless, Barclays is in a good position, with a strong balance sheet and diversified income stream, with the shares rallying from recent lows.

In another important detail from Rain Newton-Smith’s interviews, the Confederation of British Industry’s new director-general revealed that she had previously raised concerns about sexual harassment within the lobby group.

She told the BBC:

Whenever I have seen sexual harassment, I have acted and I raised those issues.

Newton-Smith, who served as the CBI’s chief economist until March, also acknowledged that “something has gone badly wrong” at the group, but said that it the culture had not appeared harmful to her.

That’s not how it felt when I was here, but at the same time I, like everyone else, have read the stories of the survivors of rape in the papers from the outside, and I know that something has gone badly wrong.

New boss of Confederation of British Industry to rename lobby group

Rain Newton-Smith, formerly chief economist CBI, speaking at its annual conference in Birmingham in November.
Rain Newton-Smith, formerly chief economist CBI, speaking at its annual conference in Birmingham in November. Photograph: Bloomberg/Getty Images

The new boss of the crisis-stricken Confederation of British Industry has said she will rename the lobby group in an effort to show it is changing its culture following the Guardian’s revelations of allegations of serious sexual harassment.

Rain Newton-Smith, who was hurriedly appointed as the CBI’s new director-general this month to try to mend its reputation, must contend with an exodus of big businesses who have said they have already quit or suspended their membership.

Newton-Smith served as the CBI’s chief economist for nine years. She suggested that Britain’s biggest business lobby group – and previously its most influential – could be smaller in the future.

She spoke to the Financial Times and the BBC in interviews published on Thursday, after her first day in the job on Wednesday. To the FT, she said that the group would present proposals for the group to revive itself in June:

Personally, over time, I’m sure we’re going to see a new name for the CBI, but that’s just the wrapper that goes on the outside. What matters is what we do, what we deliver and our purpose.

The CBI that emerges from this is not going to be the CBI of the past, that is clear. It needs to be a new, a different organisation.

CMA: Microsoft/Activision Blizzard deal would have harmed competition

Sarah Cardell was appointed chief executive of the Competition and Markets Authority in December.
Sarah Cardell was appointed chief executive of the Competition and Markets Authority in December. Photograph: Competition and Markets Authority

So what does the Competition and Markets Authority (CMA) say in response to Microsoft’s strident criticisms this morning?

Sarah Cardell, the CMA’s chief executive, said the decision to block the deal would be good for UK gamers and businesses. She also said there was “a lot of alignment” between the UK position and that of the US Federal Trade Commission, which is also considering whether to block the deal.

Speaking to BBC radio’s Today programme, Cardell said:

I really don’t agree with those comments at all. I think this decision shows how important it is to support competition in the UK, and that the UK is absolutely open for business. We want to create an environment where a whole host of different companies can compete effectively, can grow and innovate. That’s the best thing for UK consumers, and the best thing for UK businesses.

Cloud gaming – where games are streamed from central servers rather than played from expensive local devices – could change the shape of the games market, Cardell said. The regulator wants to see a market that is “really open for competition”.

That would not be the case if the merger went through, she said. Microsoft has a 60% to 70% share of cloud gaming, while Activision Blizzard has a strong portfolio of games.

What we found was that Microsoft already is the most powerful cloud gaming platform.

Combining those two businesses would really reinforce Microsoft’s strong position in cloud gaming. And that would be problematic because it would really harm the ability of other competing cloud platforms to compete effectively and offer the kind of innovation and product choice that we want to see in this market.

Addressing Microsoft’s allegation that the CMA went silent, Cardell said the company had “ample opportunity to put their case to us”.

Microsoft’s anger about the blocked Activision takeover is concentrated on the way that the Competition and Markets Authority (CMA) has handled itself.

In particular, the tech company’s president, Brad Smith, said the CMA had fallen silent in communications ahead of the announcement that it would not approve the takeover, and that it had not seemed willing to engage with the companies over how they could address the regulatory concerns.

Smith said:

The strong message the CMA has sent is not just to surprise everyone who fully expected this acquisition to be approved, but to send a message that I think will discourage innovation and investment in the United Kingdom.

The impact of this decision is far broader than on Microsoft or this acquisition alone. I think the impact on the UK unfortunately is to shake the confidence among the business community in the UK and the CMA as a regulatory agency. When we study the decision we feel in part it’s based on such a flawed or just faulty understanding of the market.

Smith said concerns about a combined company’s dominance of cloud gaming were too minor to scupper the whole deal. One interesting point he noted: Microsoft currently only has the ability to serve 5,000 cloud gamers in the UK at any one time. Cloud gaming requires a constant flow of data between central servers and gamers – which requires a huge amount of bandwidth.

I think it leaves people worried and it leaves people thinking, actually, the process in Brussels worked far better than what we’re now addressing in London.

This decision is probably the darkest day in our four decades in Britain. It does more to shake our confidence in the future of the opportunity to grow a tech business in Britain than we’ve ever confronted before.

Asked whether it will affect Microsoft’s investment decisions, Smith said: “It certainly will not help. It’s extremely disappointing and even frustrating.”

Microsoft also offered a 10-year undertaking not to limit games to its own platform.

Asked if he had a message to Prime Minister Rishi Sunak – who has cultivated something of a tech-friendly image – Smith said a rethink of the CMA’s role might be needed. He said:

I think that if the government of the United Kingdom wants to bring in investment, if it wants to create jobs and if it wants to make the United Kingdom a home where technology is not only going to flourish but be creative, then it needs to look hard at the role of the CMA, the regulatory structure, this transaction, and the message that the United Kingdom has sent to the world.

Updated

Microsoft: 'The English Channel has never seemed wider'

Good morning, and welcome to our live coverage of business, economics and financial markets.

Microsoft has strongly criticised the UK and the Competition and Markets Authority (CMA), after the regulator on Wednesday blocked the US tech company’s $69bn (£55bn) takeover of games maker Activision Blizzard.

The US company came out swinging on Thursday morning.

The CMA’s move could scupper the entire deal for the maker of titles such as the Call of Duty first-person shooter franchise. Microsoft said that it made the EU seem more attractive for people to start businesses.

Brad Smith, a president at Microsoft, said in an interview on BBC radio’s Today programme:

We’re of course very disappointed about the CMA’s decision, but it’s more than that. Unfortunately I think it’s bad for Britain.

Activision Blizzard had already said that the deal made it appear that the UK was “closed for business”. The CMA argued that the deal would damage competition in the nascent cloud gaming market.

He made strong criticisms of the UK’s approach to regulation in comparison to the EU’s regulators, who are also examining the proposed takeover. He said:

For all of us who had some hope that the UK post-Brexit, that the UK would construct a structure that would even be more flexible, that would be better for investment, better for technology, we’re now finding that the opposite appears to be true.

I don’t think people are going to want to start a company in a country that will have regulators who will stop them from selling it to another company if the day arrives. There is a clear message here. The European Union is a more attractive place to start a business if you want someday to sell it than the United Kingdom.

The English Channel has never seemed wider in terms of Europe as a continent being attractive for investment, Brussels as a place where one can sit down and actually have a conversation with the regulators who are accountable to the elected leaders, and the difference we now confront in London, where we have regulators who are not only unelected, but unaccountable and now making decisions that just feel fundamentally unwise.

We will have more to come from Smith’s interview, and also the comments of the CMA this morning.

The agenda

  • 10am BST: Eurozone economic sentiment (April; previous: 99.3 points; consensus: 99.9)

  • 1:30pm BST: US GDP growth (first quarter; prev.: 2.6% annualised; consensus: 2%)

Updated

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