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Judge Nixes Injunction in Microsoft’s Activision Blizzard Acquisition

Judge Nixes Injunction in Microsoft’s Activision Blizzard Acquisition

A federal district court judge in California denied the Federal Trade Commission’s (FTC) request for a preliminary injunction regarding Microsoft’s acquisition of Activision Blizzard, which could pave the way for the nearly $69 billion deal to close as soon as this month.

The court ruled the FTC was unlikely to prove that the merger would “substantially lessen competition.”

In the ruling, District Court Judge Jacqueline Scott Corley cited in part Microsoft’s commitment to keep Call of Duty on PlayStation for 10 years, on parity with Xbox, and that Microsoft inked an agreement with Nintendo to bring the game to Nintendo Switch.

The ruling could allow Microsoft to close the deal, pending Microsoft’s resolution of the UK’s Competition and Markets Authority (CMA) decision to block the deal on grounds it is anti-competitive.

Microsoft has signaled it intends to close the takeover, which would be the biggest ever in the gaming sector, by the July 18 deal termination date.

In filing its lawsuit in December 2022 seeking to block the deal, the FTC had said, “With control over Activision’s blockbuster franchises, Microsoft would have both the means and motive to harm competition by manipulating Activision’s pricing, degrading Activision’s game quality or player experience on rival consoles and gaming services, changing the terms and timing of access to Activision’s content, or withholding content from competitors entirely, resulting in harm to consumers.”

While the FTC can appeal this decision and still has its own anti-trust lawsuit in the works, this is a major win in favor of the acquisition.

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About Joe Palmisano

Joe Palmisano is Editorial Director for Connect Money, where he brings nearly three decades experience of market insights as a financial journalist, analyst and senior portfolio manager for leading financial publications, advisory firms, and hedge funds. In his role as Editorial Director, Joe is responsible for the selection of content and creation of daily business news covering the financial markets, including Alternative Assets, Direct Investment and Financial Advisory services. Before joining Connect Money, Joe was a financial journalist for the Wall Street Journal, regularly publishing feature stories and trend pieces on the foreign exchange, global fixed income and equity markets. Joe parlayed his experience as a financial journalist into roles as a Senior Research Analyst and Portfolio Manager, writing daily and weekly market analysis and managing a FX and US equity portfolio. Joe was also a contributing writer for industry magazines and publications, including SFO Magazine and the CMT Association. Joe earned a B.S.B.A. in Finance from The American University. He holds the Chartered Market Technician (CMT) designation and is a member of the CFA Institute.

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