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Another Setback for the FTC in Microsoft and Activision Blizzard Proposed Merger

 |  July 14, 2023

By: Alyse Stach & Kayley Sullivan (Antitrust Advocate)

On July 11, a federal judge delivered a ruling against the Federal Trade Commission’s (FTC) request for a preliminary injunction on Microsoft’s proposed acquisition of Activision Blizzard, valued at $69 billion. The following day, the FTC filed a notice indicating its intention to appeal the decision to the Ninth Circuit.

The court’s decision was based on the FTC’s failure to demonstrate that the merger would likely result in a significant reduction in competition, adversely affecting consumers in the video game market. Key considerations in the ruling included the potential impact of the acquisition on Sony, Microsoft’s competitor, and their access to Activision’s highly popular video game, Call of Duty…