Microsoft has completed their vast $68.7 billion acquisition of Activision Blizzard, less than half a day after the UK Competition Markets Authority (CMA) gave their approval to a revised package of concessions.
28.09.2023 - 11:01 / gameranx.com / Lulu Cheng Meservey
The FTC has brought back their in-house case against the Microsoft – Activision merger deal. Their decision to do so, however, doesn’t seem to have a reasonable endgame.
The FTC originally wanted to hold such a hearing to make Microsoft defend their acquisition, to be heard by FTC judge D. Michael Chappell. However, before the first dates of that case even came up, the FTC themselves suddenly filed an injunction. This injunction was paired with a restraining order, that the FTC filed shortly after the EU approved of the merger.
Ultimately, the FTC lost this case in front of San Francisco District Judge Jacqueline Scott Corley. Because they failed to file the injunction, and the EU approved the deal already, Microsoft was actually already capable of closing their deal.
Microsoft’s choice to delay finalizing the deal was to show good faith with the CMA, the remaining dissenting regulator that could still block the deal. Microsoft could have chosen to close the deal over the CMA, and deal with the legal limitations after the fact. Their decision not to do so is likely motivated by a desire to keep a civil relationship with the CMA later, for future competition and antitrust concerns.
So, this case the FTC is bringing back will be with Judge Chappell, but because of the rules the FTC set themselves, Judge Chappell’s ruling will have no real authority to block the deal if he decides against it.
So, maybe the FTC isn’t exactly expecting this case to have that power. They appealed Judge Corley’s decision with the 9th court of appeals. While unlikely to win there, it is their remaining recourse to stop this case. Maybe the FTC is hoping that their in-house case and Judge Chappell’s decision will affect the 9th court’s decision as well.
But even then, such a thing happening is really unlikely. As Stephen Totilo notes, the 1st date of the 9th court appeal hearing won’t be up until December 6, way after the deadline for Microsoft and Activision to finalize the deal.
FTC spokesperson Victoria Graham said that “The FTC continues to believe this deal is a threat to competition.” For their part, Microsoft shared this message via spokesperson Rebecca Dougherty:
“We still anticipate that we will close the transaction by October 18, and we have full confidence in our case and the deal’s benefits to gamers and competition.”
Finally, Activision Blizzard chief communications officer Lulu Cheng Meservey shared this statement on Twitter:
“In response to questions about this: we’re focused on working with Microsoft toward closing.
How the FTC uses limited taxpayer resources is their decision.”
Microsoft has completed their vast $68.7 billion acquisition of Activision Blizzard, less than half a day after the UK Competition Markets Authority (CMA) gave their approval to a revised package of concessions.
Xbox maker Microsoft closed its $69 billion (nearly Rs. 5,75,620 crore) deal for Activision Blizzard on Friday, swelling its heft in the video-gaming market with best-selling titles including Call of Duty to better compete with industry leader Sony.
The UK’s Competition Markets Authority (CMA) has given the go-ahead for Microsoft’s acquisition of Activision Blizzard, accepting the tech giant’s modified deal and how it addresses concerns over cloud gaming competition. Microsoft could complete the deal within the next few days.
After one year, eight months, and 26 days, Xbox has finally completed its acquisition of Activision Blizzard, meaning it now owns premium video game franchises including Call of Duty, Overwatch, and Diablo.
By Jon Porter, a reporter with five years of experience covering consumer tech releases, EU tech policy, online platforms, and mechanical keyboards.
The UK’s Competition Markets Authority (CMA) has given the go-ahead for Microsoft’s acquisition of Activision Blizzard, accepting the tech giant’s modified deal and how it addresses concerns over cloud gaming competition. Microsoft could complete the deal within the next few days.
The road seems clear for Microsoft to close its acquisition of Activision Blizzard by October 18th, though the company still requires approval from the Consumer Markets Authority (CMA). It was provisionally approved by the authority following some alterations last month. While the jury is still out, people “familiar with the matter” say the changes won’t require another probe from the European Commission, says Bloomberg.
It's looking increasingly likely Microsoft's proposed $69bn USD acquisition of Activision Blizzard will have cleared its final hurdle if — as is widely expected — UK regulators approve the revised deal later this week; it's being reported EU regulators won't require an investigation into the revised terms, clearing the way for the acquisition to conclude.
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