Microsoft Wins FTC Fight in the US to Acquire Activision Blizzard
23In today's Game News Roundup we discuss the latest VGChartz estimates and video game news, including the following:
- Microsoft Wins FTC Fight in the US to Acquire Activision Blizzard
https://www.vgchartz.com/article/457790/microsoft-wins-ftc-fight-in-the-us-to-acquire-activision-blizzard/
https://www.pacermonitor.com/view/FCOPVVA/Federal_Trade_Commission_v_Microsoft_Corporation_et_al__candce-23-02880__0305.0.pdf
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Judge Jacqueline Scott Corley after listening to five days of testimonies in the Microsoft vs FTC hearing has denied the preliminary injunction for the FTC and ruled in favor of Microsoft.
This ruling allows Microsoft to close its Activision Blizzard deal ahead of the current July 18 deadline as the temporary restraining order (TRO) that allows the FTC to appeal the decision has been reduced to three days as it will end on Friday, July 14 at 11:59 pm PT. However, this depends if Microsoft is willing to close the deal despite the Competition and Markets Authority (CMA) of the UK blocking the deal.
"Four weeks ago, the FTC filed this action to preliminarily enjoin the merger pending completion of the FTC administrative action," reads the ruling by Judge Corley. "Because the merger has a July 18 termination date, expedited proceedings were commenced. After considering the parties’ voluminous pre-and-post hearing writing submissions, and having held a five-day evidentiary hearing, the Court DENIES the motion for preliminary injunction.
"The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony PlayStation, or that its ownership of Activision content will substantially lessen competition in the video game library subscription and cloud gaming markets."
Judge Corley concluded, "Microsoft’s acquisition of Activision has been described as the largest in tech history. It deserves scrutiny. That scrutiny has paid off: Microsoft has committed in writing, in public, and in court to keep Call of Duty on PlayStation for 10 years on parity with Xbox. It made an agreement with Nintendo to bring Call of Duty to Switch. And it entered several agreements to for the first time bring Activision’s content to several cloud gaming services."
Activision Blizzard CEO Bobby Kotick in an email to employees stated, "Today a U.S. federal judge ruled in our favor, denying the Federal Trade Commission’s attempt to block our merger with Microsoft.
"We’re grateful to the court for the way this process was handled and the thoughtfulness of the decision. The U.S. joins the 38 countries where our deal can proceed—these decisions are based on facts and data that show our merger is good for players and for competition in the industry.
"We’re optimistic that today’s ruling signals a path to full regulatory approval elsewhere around the globe, and we stand ready to work with UK regulators to address any remaining concerns so our merger can quickly close."
Microsoft Gaming CEO Phil Spencer in a statement on Twitter said the team is "grateful to the court for swiftly deciding in our favor. The evidence showed the Activision Blizzard deal is good for the industry and the FTC’s claims about console switching, multi-game subscription services, and cloud don’t reflect the realities of the gaming market.
"Since we first announced this deal, our commitment to bringing more games to more people on more devices has only grown. We’ve signed multiple agreements to make Activision Blizzard’s games, Xbox first party games and Game Pass all available to more players than they are today.
"We know that players around the world have been watching this case closely and I’m proud of our efforts to expand player access and choice throughout this journey."
Microsoft Vice Chair and President Brad Smith in his own statement said, "We're grateful to the Court in San Francisco for this quick and thorough decision and hope other jurisdictions will continue working towards a timely resolution. As we've demonstrated consistently throughout this process, we are committed to working creatively and collaboratively to address regulatory concerns."
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