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2023/07/13
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Microsoft prevails against FTC in US case for Activision Blizzard acquisition

Microsoft prevails against FTC in US case for Activision Blizzard acquisition

On Monday, a federal judge in San Francisco has rejected the Federal Trade Commission's (FTC) request for a preliminary injunction to block Microsoft's planned acquisition of Activision Blizzard for $68.7 billion. This ruling means that Microsoft can finally proceed with the deal around the United Kingdom, or reach a mutually acceptable agreement with the UK's Competition and Markets Authority (CMA).

Back in April, the UK's CMA took steps to impede the acquisition, leading Microsoft to file an appeal. A hearing for the appeal is scheduled to commence on July 28. Nevertheless, the acquisition agreement has a termination date of July 18, at which point Microsoft would be required to pay a $3 billion termination fee to Activision Blizzard. Monday's decision significantly increases Microsoft's prospects of finalizing the deal, with only a few days remaining until the deadline.

However, despite the ruling against the FTC's request for a preliminary injunction, the organization has filed a notice of appeal. In response, Brad Smith, the president of Microsoft, stated to The Verge, "The District Court's ruling makes crystal clear that this acquisition is good for both competition and consumers. 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."

Meanwhile, following the US court's ruling in favor of Microsoft, reports indicate that the UK's CMA has expressed openness to conducting a "new merger investigation" regarding Microsoft's planned acquisition of Activision Blizzard. A spokesperson from the CMA, in a statement shared with Eurogamer, stated that "Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis."

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