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FTC loses case to block Microsoft Activision $69B deal

The U.S. Federal Trade Commission cannot stop Microsoft’s proposed $69 billion purchase of Activision Blizzard, California judge Jacqueline Scott Corley ruled on Tuesday.

The U.S. Federal Trade Commission cannot stop Microsoft’s proposed $69 billion purchase of Activision Blizzard, a California judged ruled on Tuesday.

The deal was originally announced 17 months ago and can now move forward by the July 18, deadline. 

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In her ruling, Judge Jacqueline Scott Corley said, "Microsoft’s acquisition of Activision has been described as the largest in tech history," and "it deserves scrutiny."

"Microsoft has committed in writing, in public, and in court to keep Call of Duty on PlayStation for 10 years on parity with Xbox," she continued. "It made an agreement with Nintendo to bring Call of Duty to Switch. And it entered several agreements for the first-time to bring Activision’s content to several cloud gaming services."

"The Court finds the FTC has not shown a likelihood it will prevail on its claim this particular vertical merger in this specific industry may substantially lessen competition, and "the motion for a preliminary injunction is therefore denied," Corley added.

The Activision purchase will give Microsoft ownership of popular video game titles like Call of Duty, World of Warcraft and Candy Crush.

In an interview with FOX Business, Stephen Kent at the Consumer Choice Center, said "Judge Corley showed a deep respect for consumer interest, namely the gamers who will be most impacted by Microsoft acquiring Activision-Blizzard. 

Biden's FTC under Lina Khan has shown no interest in consumer protection, as illustrated throughout the hearings and pointed out on the final day by Judge Corley herself," he said. "President Biden should be taking note of how poor FTC Chair Lina Khan has been at her job, and how far she's strayed from the mission of consumer protection."

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Microsoft said that the deal would benefit gamers and gaming companies alike and has offered to sign a legally binding consent decree with the FTC to provide "Call of Duty" games to rivals for a decade.

Despite the court’s decision, Microsoft is still dealing with an antitrust case from the commission, but Judge Corley has decided to deny the regulator’s request for a preliminary injunction.

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The FTC wanted to block the deal because the trade regulator believed Activision’s incorporation into Microsoft would hurt competition in the video game industry.

The FTC will have an opportunity to appeal Judge Corley’s decision before July 14.

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