The Federal Trade Commission has been unsuccessful in its last-ditch effort to pump the brakes on Microsoft completing its $68.7 billion purchase of Activision Blizzard. The Ninth Circuit Court of Appeals declined to grant the agency an emergency stay of a ruling that allowed the deal to proceed in the US.
A temporary restraining order was put in place last month to prevent Microsoft and Activision from closing the acquisition until Judge Jacqueline Scott Corley ruled on the FTC’s request for preliminary injunction. When Corley rejected the FTC’s injunction request this week, she ruled that the agency had until 11:59PM PT on July 14th to obtain an emergency stay from the appeals court. Otherwise, Microsoft and Activision would be free to close the deal in the US after that time.
Corley determined the FTC didn’t prove its arguments that the merger would harm consumers. The FTC on Wednesday filed a notice that it planned to appeal Corley’s decision. On Thursday, it asked the district court that ruled on the preliminary injunction in the first place to block the merger pending a decision from the appeals court. Hours later, Corley denied that motion.
Back in December, the FTC sued to block the deal on the grounds that it would harm competition. An administrative hearing is set for early August. The agency sought a preliminary injunction to prevent the companies from closing the merger until the antitrust trial takes place. However, the merger deadline is July 18th.
Microsoft and Activision Blizzard are evidently confident of closing the deal by their Tuesday deadline. Activision’s stock will be delisted from the Nasdaq-100 index before the stock market opens on Monday, so the companies may finally seal the deal around that time.
Microsoft and Activision have yet to resolve issues with a UK regulator, which had blocked the deal over cloud gaming concerns. The companies and the Competition and Markets Authority agreed to put their legal battle on hold to try and resolve the regulator’s concerns. The CMA said Microsoft and Activision were welcome to restructure the deal but warned that move may trigger a fresh merger investigation.
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This article originally appeared on Engadget at https://www.engadget.com/appeals-court-rejects-the-ftcs-last-ditch-attempt-to-stop-microsoft-from-buying-activision-233137222.html?src=rss