Microsoft and Activision Blizzard Urge FTC to Withdraw Case Brought to Internal Judge

August 2nd is the trial date, but both companies say, "Withdrawal from adjudication is not only mandatory but in the public interest."

Posted By | On 20th, Jul. 2023

Microsoft Activision Blizzard

Following a fast-tracked trial with multiple revelations, the US Federal Trade Commission’s injunction to halt the acquisition of Activision Blizzard by Microsoft was denied in court. It then filed for an appeal last week, which was also denied. Nevertheless, it’s not giving up just yet, as Reuters reports that it brought the case to an internal FTC administrative judge, with a trial scheduled for August 2nd.

Both companies are imploring the FTC to drop this. “Withdrawal from adjudication is not only mandatory but in the public interest. The district court had a full opportunity to consider the FTC’s claims and found that the Commission was unlikely to succeed on the merits of those claims for multiple, independently sufficient reasons.”

The $68.7 billion acquisition was set to close by July 18th (failing which Activision Blizzard would receive a $3 billion termination fee). However, both companies agreed to extend the deadline to October 18th. Microsoft also signed a 10-year deal with Sony to bring Call of Duty titles to PlayStation.

They’re also negotiating with the Competition and Markets Authority (CMA), which blocked the deal in the UK over cloud gaming concerns. August 29th is the deadline for its final ruling, but it’s aiming for a decision “as soon as possible.” Stay tuned for more updates in the meantime.


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