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« on: July 13, 2023, 04:05:04 pm »

FTC appeals ruling that would have let Microsoft’s Activision takeover move forward

<p>The Federal Trade Commission isn't giving up on its attempt to halt Microsoft's pending $68.7 billion purchase of Activision Blizzard. <a data-i13n="cpos:1;pos:1" href="https://storage.courtlistener.com/recap/gov.uscourts.cand.413969/gov.uscourts.cand.413969.307.0_1.pdf">The agency said in a filing it's appealing[/url] Judge Jacqueline Scott Corley's <a data-i13n="cpos:2;pos:1" href="https://www.engadget.com/microsofts-activision-acquisition-moves-ahead-as-judge-rejects-ftc-injunction-request-152845890.html">denial of its request[/url] for a preliminary injunction to temporarily stop the deal from going through.</p><p>The FTC <a data-i13n="cpos:3;pos:1" href="https://www.engadget.com/ftc-microsoft-activision-blizzard-antitrust-competition-lawsuit-191341476.html">has sued[/url] to prevent the merger from happening over antitrust concerns. An administrative trial is set to <a data-i13n="cpos:4;pos:1" href="https://www.ftc.gov/legal-library/browse/cases-proceedings/2210077-microsoftactivision-blizzard-matter">start in August[/url], but the companies have a merger deadline of July 18th. The agency <a data-i13n="cpos:5;pos:1" href="https://www.engadget.com/ftc-expected-to-file-injunction-to-block-microsofts-purchase-of-activision-blizzard-165738788.html">was concerned[/url] Microsoft and Activision would close their deal by then despite a UK regulator <a data-i13n="cpos:6;pos:1" href="https://www.engadget.com/uk-regulator-blocks-microsofts-activision-blizzard-merger-over-cloud-concerns-113517255.html">blocking the deal in that country.[/url]</p><span id="end-legacy-contents"></span><p><a data-i13n="cpos:7;pos:1" href="https://www.bloomberg.com/news/articles/2023-07-11/ftc-leaning-toward-appealing-microsoft-activision-loss">Bloomberg[/url] first reported that the agency was considering an appeal against Corley's decision. The FTC told Engadget after Tuesday's ruling that it would announce its &quot;next step to continue our fight to preserve competition and protect consumers&quot; in the following days.</p><p>Corley ruled that, unless the FTC obtains an emergency stay from the Ninth Circuit Court of Appeals by 11:59PM PT on July 14th, a temporary restraining order that's currently preventing Microsoft and Activision from closing the deal will be dissolved. The restraining order was put in place until Corley made a decision on the preliminary injunction.&nbsp;</p><p>Meanwhile, after Corley's ruling, Microsoft, Activision Blizzard and the UK's Competition and Markets Authority said they <a data-i13n="cpos:8;pos:1" href="https://www.engadget.com/microsoft-and-uk-regulators-agree-to-pause-legal-fight-to-negotiate-activision-acquisition-165856989.html">agreed to pause their legal battle[/url] and see if they could reach a compromise. The CMA later clarified that although &quot;merging parties don’t have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal.&quot; It added that doing so could lead to a fresh merger investigation.</p><div id="686b0985b9514c6eb05f3439b2f19bfa"><blockquote class="twitter-tweet"><p dir="ltr" lang="en">Yesterday the Court ruled our acquisition of Activision Blizzard should proceed, and we oppose any further delay. Our statement on the FTC's decision to appeal: pic.twitter.com/EhdO4OHX9g</p>— Brad Smith (@BradSmi) July 13, 2023</div><p>&quot;The District Court's ruling makes crystal clear that this acquisition is good for both competition and consumers,&quot; Microsoft president and vice-chair Brad Smith said in a statement posted to Twitter. &quot;We're disappointed that the FTC is continuing to pursue what has become a demonstrably weak case, and we will oppose further efforts to delay the ability to move forward.&quot;</p><p>&quot;The facts haven’t changed. We’re confident the US will remain among the 39 countries where the merger can close,&quot; Activision Blizzard said in a statement to Engadget. &quot;We look forward to reinforcing the strength of our case in court, again.”</p><p><strong>Update 7/12 9:10PM ET: </strong>Added Activision's statement.</p><p><strong>Update 7/12 10:19PM ET: </strong>Added Brad Smith's statement.</p>This article originally appeared on Engadget at https://www.engadget.com/ftc-appeals-ruling-that-would-have-let-microsofts-activision-takeover-move-forward-231729137.html?src=rss

Source: FTC appeals ruling that would have let Microsoft’s Activision takeover move forward
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