Breaking: Microsoft wins US court case to buy Activision Blizzard in loss for FTC. Story incoming.
Microsoft wins FTC fight to buy Activision Blizzard
Microsoft can now go ahead and close its giant deal.
www.theverge.com
A California judge is allowing Microsoft to close its acquisition of Activision Blizzard after five days of grueling testimony. Microsoft still faces an ongoing antitrust case by the Federal Trade Commission, but Judge Jacqueline Scott Corley has listened to arguments from both the FTC and Microsoft and decided to deny the regulator’s request for a preliminary injunction.
This allows Microsoft to close its Activision Blizzard deal ahead of the July 18th deadline, but only if the company is willing to close around the UK or if the Competition and Markets Authority (CMA) is willing to negotiate some form of remedy. The UK regulator moved to block Microsoft’s proposed acquisition in April, and Microsoft is currently appealing that decision with a hearing set to start on July 28th.
MLex reported last month that Microsoft was exploring options to close the deal despite the UK block, which, in part, spooked the FTC enough to request an injunction in the first place. The CMA also filed to try and delay Microsoft’s appeal of its Activision Blizzard acquisition decision, with a request right in the middle of the FTC v. Microsoft hearing. The Competition Appeal Tribunal (CAT) shut that request down, as it would have pushed the appeal process from July to October — “contrary to justice and fairness.”
European regulators gave the deal the go-ahead in May, so Microsoft could now technically close without the UK and without an injunction in the US preventing it. That’s a complicated scenario though, so we’ll likely see Microsoft and Activision Blizzard temporarily extend their merger agreement to cover the CMA appeal process instead.
The FTC will now have the chance to appeal Judge Corley’s decision, but the regulator didn’t appeal a court’s decision permitting Meta to acquire Within, so it may abandon its case against Microsoft and Activision Blizzard instead.
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