2023-07-15 05:55:00
The next few hours are decisive for Microsoft, which is doing everything so that the takeover of Activision Blizzard can take place. While the company could separate from Cloud Gaming to make the deal in the UK, the FTC has definitely lost any possibility of preventing the takeover.
[Mise à Jour] The article has been updated following the official decision of the Court of Appeals for the Ninth Circuit.
The FTC lost all the way
As a reminder, the Californian judge Jacqueline Scott Corley had rejected the arguments of the FTC which wished to block the takeover of Activision Blizzard by Microsoft. However, the FTC wanted to continue the legal battle in the United States by playing the watch.
The FTC had appealed Judge Jacqueline Scott Corley’s ruling, but overnight Friday-Saturday local time, the Ninth Circuit Court of Appeals ruled. officially rejected his urgent request to block Microsoft’s operation until the outcome of the FTC’s appeal is known. In other words, Microsoft is now free to acquire Activision Blizzard King in the United States.
“We appreciate the prompt response from the Ninth Circuit, which denied the FTC’s motion to further delay the operation. This brings us one step closer to the finish line in this marathon of global regulatory reviews.”
Brad Smith, vice president and president of Microsoft
Technically, it is therefore from this Saturday, July 15 that Microsoft can afford Activision Blizzard in the United States, the date on which the temporary ban created by the injunction procedure will end.
CMA extends for “special reasons”
On the other side of the Atlantic, the British competition authority has just postponed the date of the final order of its investigation into the takeover. While the deadline was set for July 18, it can finally be returned no later than August 29, 2023.
The CMA explains its decision to postpone for “special reasons”.
The CMA considers that there is insufficient time remaining in the statutory period for a full and proper consideration of Microsoft’s submission on the proposed order.
Accordingly, the Inquiry Body considers that there are particular grounds for extending by six weeks, under section 41A(2) of the Act, the period for the performance of its duty under the Section 41(2) of the Act. The revised period will therefore end on August 29, 2023. However, the investigation group intends to carry out its mission as soon as possible and before that date.
While postponing the date, the CMA therefore still wishes to find a quick solution, and is currently actively discussing with Microsoft. Bloomberg sources told us this morning that Microsoft could separate from Cloud Gaming to circumvent the CMA’s fears about this particular business.
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