As Microsoft (NASDAQ:MSFT)’s $68.7 billion acquisition bid for Activision Blizzard (NASDAQ:ATVI) nears completion, the third-party publisher announced that it will not be adding its upcoming titles, Diablo IV and Call of Duty: Modern Warfare III, to Microsoft’s Game Pass service this year. The decision comes amid regulatory concerns over the deal, despite approval from the European Commission and a U.S. court denying an injunction request.

The Federal Trade Commission (FTC) and the UK’s Competition and Markets Authority have voiced opposition to the merger. The latter has required a 15-year sale of cloud streaming rights to Ubisoft Entertainment “in perpetuity”, further delaying the deal’s conclusion. The acquisition is anticipated to close later this month, after which Activision Blizzard plans to collaborate with Xbox to incorporate its games into the Game Pass service.