industry news
Take-Two Settles FTC Compliance Issues In EA Bid
Posted by Leigh Alexander at 12:20 AM on June 20, 2008
Take-Two has resolved its issues with the Federal Trade Commission, clearing at least one regulatory obstacle for Electronic Arts' acquisition bid, the company revealed in an FTC filing this morning.
The U.S. District Court of Washington D.C. had asked Take-Two to show why it wasn't complying with the FTC's broad-ranging information request as it investigates potential antitrust issues for the possible combination, probably regarding the companies' sports portfolios.
For its part, Take-Two had claimed that complying with the full scope of the FTC's requests would have been too expensive and labour-intensive, and asked for "reasonable limits".
It's now gotten those limits yesterday through an agreement with the FTC, and the investigation will now continue without the need for Take-Two to appear in court. EA had also previously reached an agreement with the FTC that would delay any acquisition attempt until the completion of the investigation - the fact that Take-Two won't have to appear in court should simplify the process quite a bit.
Said Take-Two in a statement, "The Company is pleased that a resolution has been reached that should substantially reduce the economic burden on the Company and focus the inquiry in a way that should minimise the distraction to the Company's employees. The Company intends to continue to cooperate fully with the FTC".
EA's current offer deadlines July 16th, but any acquisition will have to wait until the FTC makes its final determination.

Comments (AU Comments · US Comments)
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biznatch
Posted 1:21 AM 20/6/08
(R*, not R8)
biznatch
biznatch
Posted 1:21 AM 20/6/08
If EA manages to succeed with this dick move, will they have the rights to all of Take Two's intellectual properties?
If the R* team could jump ship and reform their own company, and EA owned T2, could R8 still make GTA games?
biznatch
h-town
Posted 12:58 AM 20/6/08
the sith persist
h-town
Xtreme_Hindu_Cow
Posted 12:56 AM 20/6/08
With the EA strategy in place for american games it's no wonder the japaneese companies will always produce more quality than quantity. EA will continue to suck up everybody until the gaming industry become just like hollywood; filled with money hoarding big shots with high regard for the dollar and very tiny regard for art. Gaming won't be the same anymore.
Xtreme_Hindu_Cow
Viper
Posted 12:44 AM 20/6/08
Give up EA ffs !!! Dont you get it there NOT selling !!!!!!!!!!! NOOBS
Viper
ThursdayNext
Posted 12:41 AM 20/6/08
@Gantz: Your Trusted Friend in Science.: Except of course this is about Take 2 "complying" with and not "resisting" the process. I love the pavlovian effect those puzzle pieces have on people these days. Kotaku should put them on random stories and see how many "OMG leave T2 alone!!!" comments get posted by people who didn't even stop to read the article.
/end rant
ThursdayNext
RogueSquid
Posted 12:33 AM 20/6/08
With the shit-storm surrounding the Yahoo-Microsoft failure still whirling around [in brief, Yahoo shares now sit $20 below the $40 price Ballmer told Yahoo's president they'd go to (which occured during a meeting at an airport... crazy), causing much nashing of the teeth by Yahoo shareholders], I can't imagine Take-Two can hold out much longer.
A T2 shareholder has already filed against T2 for not accepting... Only while they can prove to the shareholders that another company is also offering the same kinda deal (or indeed better) can they resist, surely.
RogueSquid
Gantz: Your Trusted Friend in Science.
Posted 12:28 AM 20/6/08
Pleasue cue the rust effect on those metal puzzle pieces. I wish EA would just F-Off already. If they're resisting so much, don't you think a shitload of people will jump ship if/when this actually goes through?
Gantz: Your Trusted Friend in Science.
GnatB
Posted 2:14 AM 20/6/08
@Gantz: Your Trusted Friend in Science.:
The question is whose resisting? So far it seems to just be TT's uppermost management, and if the deal goes through, they'd probably be out of a job anyways. (Possibly why they don't want the deal to go through). The actual various studios under the TT umbrella may or may not care whose umbrella they operate under. Heck, maybe they want the deal to go through too.
GnatB
JonDarkwood
Posted 1:53 AM 20/6/08
It would be a lot of fun to see Take Two sell off Rockstar before EA can acquire them.
JonDarkwood
dyl604
Posted 3:00 AM 20/6/08
It's not that Take Two doesn't want to sell. It's just that they don't want to sell at under $26 a share. Take Two's board of directors need something more from EA. They can't accept EA's offer of $25.74 a share because then the shareholders will rake the board over the coals because they told everyone to hold out for more.
Also if EA officially walks the stock prices will probably plummet below the 25 dollar mark. Just look at what happened to Yahoo's stock price when Microsoft walked away from their merger talks. That would be even worse from a shareholder's perspective. Any other publisher that Take Two claims have shown interest will have even more leverage because of the sudden price drop and it will be difficult for them to get a price above $26.
EA can probably hold out with this tactic but they know they will need to bump the price. EA also must realize that as long as they show interest, the price of the stock will not move below $26 unless a major Take Two scandal breaks. The question now is, when will EA make move and how much more will they offer at that point? If EA is serious in their statement that this acquisition is purely for holiday sales then the latest they can hold out would probably be sometime in September.
Of course, a lot of this is just my purely speculative opinion.
dyl604
GuyinGA
Posted 3:36 AM 20/6/08
Take 2 would be stupid not to accept EA's bid at this point. They can hold out for more on their stock price, but that's about it. However, EA will bastardize GTA to the point that it will be oversaturated (GTA Kart Racing here we come!). And plus, EA will have the MLB license again by proxy.
I really hope EA will go out of business so this story can go away.
GuyinGA
Nirolak
Posted 4:34 AM 20/6/08
@biznatch: To my knowledge Take-Two actually now owns all of Rockstar's IPs so unless EA sold the rights to make GTA to them, they could not.
However, unlike many of Kotaku's commenters, Sam Houser (GTA's director and Rockstar's president) has no issues working with EA: [kotaku.com]
Seriously, since EA kicked out their last CEO and put Ritticiello back in about a year and a half ago, has EA done anything that makes people think they'd screw up Rockstar?
Nirolak
Eclectified
Posted 6:21 AM 20/6/08
@Nirolak: Bad Company. I'm speaking of the game, of course but, I still think EA is a Bad Company itself.
Eclectified
mx5
Posted 8:30 AM 20/6/08
@Gantz: Your Trusted Friend in Science.: They won't jumpship. It is all about money and more money. When EA buys T2 the employees will most likely get enough to sign papers and work for EA. Remember that the T2 game devs are not fanboy forum chatters ... LOL
mx5
TreyTable
Posted 9:48 AM 20/6/08
Although I'm against this merger, I bet Visual Concepts could make Madden NFL Football worth buying. I could see Rockstar San Diego working on the next Need For Speed, even if it was just called "Need For Speed: Midnight Club", but I'd really miss the NBA 2K series. But also, I think that EA would give Rockstar North near-free reign over Grand Theft Auto, from the example of what EA has been doing with Criterion, Bioware, Pandemic, and DICE. But in the long run, I think it'd be bad for everyone. I'd much rather see Take-Two with Activision-Blizzard.
TreyTable
Papa Midnight
Posted 11:11 AM 20/6/08
"But in the long run, I think it'd be bad for everyone. I'd much rather see Take-Two with Activision-Blizzard. "
@TreyTable: As would I.
Papa Midnight
Papa Midnight
Posted 11:10 AM 20/6/08
"The Company"? What is this, Prison Break?
Papa Midnight
thejakeman: probably disagrees with you
Posted 10:33 AM 21/6/08
@TreyTable: this is a monopoly, pure and simple. ea has been playing dirty pool for years, this is just another stepping stone in it's way to gamestop-like ubiquity. what we really need is another teddy Roosevelt to go out there and kick some ass.
thejakeman: probably disagrees with you