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The U.S. Federal Trade Commission (FTC) is reportedly considering appealing a federal judge’s ruling in favor of Microsoft and Activision Blizzard. In her decision made public yesterday, Jacqueline Scott Corley denied the FTC a preliminary injunction against the merger, allowing Microsoft and Activision to consummate.
FTC’s appeal against Microsoft Activision verdict will be an outlier if it happens
The FTC doesn’t have a great track record of pursuing appeals after initial losses, but Bloomberg claims to have heard from a person familiar with the case that the agency is “leaning towards” filing an appeal. If true, the move will certainly be seen as an outlier.
According to Bloomberg, the FTC has yet to make a final decision on the matter but an appeal could come as soon as today, July 12. The agency is reportedly planning to seek an emergency stay from the 9th Circuit Court of Appeals because next Tuesday, July 18, is the merger deadline for Microsoft and Activision.
Judge Corley’s decision has been criticized by some, who have pointed out that the law demands that the FTC should show that a deal “may” substantially lessen competition, not that it certainly will or likely will. However, others say that the FTC presented a weak case.