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The San Francisco federal court had ruled in favor of Microsoft on Tuesday, saying the FTC had failed to show the deal would be illegal under antitrust law. "The FTC asks this Court to enjoin the merger at issue pending resolution of the FTC’s appeal to the Ninth Circuit Court of Appeals. The FTC had said it was seeking a preliminary injunction to temporarily stop the deal until an internal FTC judge could assess it. It is rare for a merger fight to go to an appeals court. The agency settled with the companies before the appeals court made a decision.
Persons: We're, Brad Smith, Jacqueline Scott Corley, Corley, Diane Bartz, David Shepardson, Kanishka Singh, Tim Ahmann, Josie Kao, Jamie Freed Organizations: U.S . Federal Trade Commission, Microsoft, Activision, San, FTC, Ninth Circuit, Appeals, Nintendo, Britain's, Markets Authority, Foods, Oats, Thomson Locations: San Francisco, Britain, California
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. https://www.wsj.com/articles/ftc-continues-fight-to-block-microsofts-75-billion-deal-for-activision-1dbf944d
Persons: Dow Jones Organizations: activision
July 14 (Reuters) - A U.S. appeals court on Friday rejected the Federal Trade Commission's request that it order Microsoft (MSFT.O) to temporarily hold off on closing its $69 billion purchase of "Call of Duty" maker Activision Blizzard (ATVI.O). The appeals court decision removes one of the few remaining hurdles stopping Xbox maker Microsoft from expanding its gaming business by closing its deal to buy Activision. The FTC had also asked Judge Jacqueline Scott Corley of the U.S. District Court in northern California for a stay but she rejected that request late on Thursday. After July 18, either company will be free to walk away from the deal unless they negotiate an extension. But on Tuesday, Judge Corley ruled the deal was legal under antitrust law and declined the FTC request to slap a preliminary injunction on it to give the FTC time to take it before an internal FTC judge in August.
Persons: Jacqueline Scott Corley, Judge Corley, Diane Bartz, Sandra Maler Organizations: Federal Trade, Microsoft, Activision, FTC, U.S, Markets Authority, Sony Group, Thomson Locations: California, Britain, United States
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailUK regulator extends deadline for Microsoft-Activision dealThe U.K. Competition and Markets Authority extended the deadline to conclude the probe into Microsoft's takeover of Activision by six weeks. CNBC's Arjun Kharpal explains why and weighs in on what could happen next.
Persons: CNBC's Arjun Kharpal Organizations: Microsoft, Activision, Competition, Markets Authority
In its appeal, the FTC said Corley's order allowing Microsoft to move ahead with the deal incorrectly held the agency to a legal standard that was too high. Some legal experts said the FTC had made a compelling argument, but also said there was no certainty for success. Antitrust scholar Sean Sullivan, who teaches at University of Iowa's law school, said an appeals court can modify or throw out a lower court opinion based on "errors of law." The appeals court is expected to move quickly. The appeals court "may be less than sympathetic with the argument it needs to hurry up and do something when the blame for the emergency lies entirely with the FTC," Ross said.
Persons: Jacqueline Scott Corley, Brad Smith, Kathleen Bradish, Bradish, Corley, Sean Sullivan, Sullivan, Douglas Ross, Ross, Mike Scarcella, Mark Potter Organizations: U.S . Federal Trade Commission's, Activision, U.S, Tuesday, Biden, San, Circuit, Appeals, U.S ., FTC, Microsoft, American Antitrust Institute, Antitrust, University of, Wild, of Columbia Circuit, Thomson Locations: San Francisco, California, U.S
UK regulator extends Microsoft-Activision deadline to Aug. 29
  + stars: | 2023-07-14 | by ( ) www.reuters.com   time to read: +1 min
LONDON, July 14 (Reuters) - Britain's competition regulator on Friday extended its final deadline on Microsoft's $69 billion Activision Blizzard deal to Aug. 29 after its received a "detailed and complex" new proposal from Microsoft that claimed material changes in circumstance. The Competition and Markets Authority (CMA) become the first major regulator to block the acquisition of the "Call of Duty" maker in April when it issued its final report. Yet on Wednesday the CMA said a restructured deal between Microsoft and Activision could satisfy its concerns, subject to a new investigation. On Friday it extended its deadline to either accept final undertakings or make a final order by six weeks to Aug. 29, although it said it would aim to do it as soon as possible and before that date. Reporting by Muvija M and Paul Sandle; editing by Jason NeelyOur Standards: The Thomson Reuters Trust Principles.
Persons: Muvija M, Paul Sandle, Jason Neely Organizations: Activision, Microsoft, Markets Authority, CMA, U.S, FTC, Ninth Circuit, Appeals, Thomson
WASHINGTON, July 13 (Reuters) - A U.S. federal court rejected the Federal Trade Commission's request that it order Microsoft (MSFT.O) to temporarily hold off on closing its $69 billion purchase of "Call of Duty" maker Activision Blizzard (ATVI.O), according to a court filing. Reporting by Kanishka Singh in Washington; Editing by Sandra MalerOur Standards: The Thomson Reuters Trust Principles.
Persons: Kanishka Singh, Sandra Maler Organizations: U.S, Federal Trade, Microsoft, Activision, Thomson Locations: Washington
The U.S. Federal Trade Commission is also opposed, but it suffered a major defeat on Tuesday when a federal court ruled in favour of Microsoft. It is battling on and filed an emergency motion to an appeals court requesting a "temporary pause" to the deal closing late on Thursday. Yet on Tuesday, less than an hour after a U.S. federal court ruled the deal could go ahead, the CMA said it could look again at a modified proposal. A Bloomberg report said Microsoft and Activision were considering giving up some control of their cloud-gaming business in Britain to appease the CMA. Additional reporting by Muvija M; editing by Jason Neely and Louise HeavensOur Standards: The Thomson Reuters Trust Principles.
Persons: Brad Smith, Jeremy Hunt, Smith, Gareth Mills, Charles Russell Speechlys, They'll, Muvija, Jason Neely, Louise Heavens Organizations: CMA, Microsoft, Activision, Markets Authority, U.S . Federal Trade Commission, Bloomberg, Thomson Locations: Britain, EU
The British regulator has been a stalwart opponent of Microsoft's $69-billion purchase of Activision Blizzard, inclusively blocking the deal in April over competition concerns in the nascent cloud gaming market. The revised period will therefore end on 29 August 2023," the U.K. Competition and Markets Authority said Friday . LONDON — The U.K. competition regulator on Friday said it is extending the deadline for its review of Microsoft 's takeover of video game publisher of Activision Blizzard by six weeks. These include deals to license some of Microsoft and Activision games to other cloud gaming providers. This coud include bolstered licensing deals or even a potential spinoff of its cloud gaming business in the U.K., analysts told CNBC.
Persons: Redmond Organizations: CMA, U.S . Federal Trade, Activision Blizzard, Competition, Markets, LONDON, Microsoft, CNBC, Activision, Netflix, Bloomberg, U.S, Northern, Federal Trace Commission Locations: U.S, Northern District, California
Microsoft is still working to resolve concerns about the transaction from the United Kingdom's Competition and Markets Authority. "We appreciate the Ninth Circuit's swift response denying the FTC's motion to further delay the deal. The FTC first sued to block the acquisition last December, then filed for an emergency injunction to block the completion of the deal before it could have an agency administrative law judge take it up. The agency requested a temporary injunction while the court considered an appeal of the district court's conclusion. FTC representatives did not immediately respond to requests for comment on the ruling.
Persons: Brad Smith, Lina Khan Organizations: Microsoft, Appeals, Circuit, Federal, Activision Blizzard, United Kingdom's, Markets Authority, FTC, Activision Locations: U.S, San Francisco
WASHINGTON, July 14 (Reuters) - Microsoft (MSFT.O) urged an appeals court in sometimes scathing language on Friday to reject the U.S. Federal Trade Commission's (FTC) request to pause its $69 billion deal to buy Activision (ATVI.O). The agency asked the 9th Circuit Court of Appeals late on Thursday to require the companies to delay consummating the transaction while the court considered the FTC's broader appeal. Microsoft said on Friday the agency had been slow to file in federal court, and thus it was inappropriate to press for a delay so late in the game. "The district court’s consideration of the FTC's primary claim at trial shows that the court did not misapply the law," Microsoft said. Legal experts have said the agency faced an uphill fight in convincing the appeals court to overturn Corley's ruling.
Persons: Jacqueline Scott Corley, Corley's, Biden, Diane Bartz, David Shepardson, Josie Kao Organizations: Microsoft, U.S . Federal Trade Commission's, Activision, FTC, Sony, PlayStation, Markets Authority, Big Tech, Thomson Locations: San Francisco, Britain
In this videoShare Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailIt's a black eye for the FTC, says Wedbush's Dan Ives on FTC losing bid to pause Microsoft dealWedbush's Dan Ives joins 'Last Call' to his take on the FTC losing its bid the pause the Microsoft-Activision merger.
Persons: Wedbush's Dan Ives Organizations: FTC, Microsoft, Activision
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The FTC this week sent a 20-page demand for records about how OpenAI - the maker of generative artificial intelligence chatbot ChatGPT - addresses risks tied to its AI models. The agency is probing if OpenAI engaged in unfair practices that resulted in "reputational harm" to consumers. According to the FTC's demand for information sent to OpenAI, one of the questions has to do with steps OpenAI has taken to address its products' potential to "generate statements about real individuals that are false, misleading, or disparaging." The FTC declined comment, while OpenAI did not immediately respond to a request for comment. OpenAI in March also ran into trouble in Italy, where the regulator had ChatGPT taken offline over accusations OpenAI violated the European Union's GDPR - a wide-ranging privacy regime enacted in 2018.
Persons: OpenAI, Lina Khan, Dado Ruvic, Chuck Schumer, ChatGPT, Diane Bartz, Mrinmay Dey, Samrhitha Arunasalam, Aditya Soni, Nivedita Bhattacharjee, Mark Porter, Maju Samuel Organizations: U.S . Federal Trade Commission, Microsoft, FTC, Activision Blizzard, Washington Post, REUTERS, Reuters, U.S ., Thomson Locations: United States, Italy, U.S, Washington, Bengaluru
Representative Kevin Kiley, Republican from California, asked Khan about the cases that the agency had lost. “We fight hard when we believe there was a law violation, and unfortunately things don’t always go our way,” responded Khan. The agency also lost a fight to stop Facebook parent Meta Platforms from buying VR content maker Within Unlimited. Democrats on the committee sought to defend Khan, occasionally joined by Republicans on the panel including Rep. Ken Buck. Rep. Scott Fitzgerald, a Republican, however, worried about investors in small businesses losing their exit strategies.
Persons: Lina Khan, Lina M, Khan, Bill Nelson, Graeme Jennings, Activision Blizzard, Kevin Kiley, , don’t, , ” Kiley, ” Khan, Darrell Issa, Trump, Ken Buck, Michael Kikukawa, Scott Fitzgerald, “ you’re, you’re, Black Knight, Jim Jordan, Elon, Jerry Nadler, Nadler Organizations: WASHINGTON, U.S . Federal Trade Commission, Republican, Commerce, Science, NASA, Capitol, Committee, Microsoft, , Activision, Facebook, Republicans, White House Press, Rep, Black, Horizon Therapeutics, Twitter, FTC, Democrat Locations: Washington , U.S, California, U.S
Still, any outstanding regulatory hurdle makes it more likely that the agreement between Microsoft and Activision will expire on July 18 without the deal having been completed. The FTC's court filing about the appeal gave no details, which will go before the Ninth Circuit Court of Appeals on the West Coast. The FTC may request a stay from the appeals court stopping the deal from closing. When U.S. antitrust agencies lose merger challenges in court, appeals are rare. The agency settled with the companies before the appeals court made a decision.
Persons: We’re, Brad Smith, Jacqueline Scott Corley, Corley, Diane Bartz, Diane Craft Organizations: U.S . Federal Trade Commission, Microsoft, Activision, Microsoft's, Ninth Circuit, FTC, Biden, Markets Authority, Japan's Nintendo, Foods, Oats, Thomson Locations: West Coast, San Francisco
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Persons: Dow Jones Organizations: activision
The filing had no details on the appeal, which will go to the Ninth Circuit Court of Appeals on the West Coast. In her 53-page order, Corley said it was not enough for the FTC to argue that "a merger might lessen competition - the FTC must show the merger will probably substantially lessen competition." Legal scholars questioned that standard, saying that the U.S. antitrust law required the FTC to prove the proposed deal "may" harm competition, not that it "will." The deal is Microsoft's biggest ever, and the largest in the videogame industry's history. To address the agency's concerns, Microsoft agreed to license "Call of Duty" to rivals, including a 10-year contract with Nintendo, contingent on the merger closing.
Persons: Jacqueline Scott Corley, Biden, Judge Corley, Corley, Diane Bartz, Muralikumar Anantharaman, Diane Craft Organizations: U.S . Federal Trade Commission, Microsoft, Activision, Ninth Circuit, U.S, FTC, Nintendo, Thomson Locations: West Coast, San Francisco
[1/2] The sun sets behind the U.S. Capitol dome in Washington, U.S., on midterm election day, November 6, 2018. It was not the first loss for the agency under Khan. In addition, an internal FTC judge ruled for Illumina's (ILMN.O) purchase of Grail (GRAL.O). Lawmakers are also expected to bring up the committee's requests for documents regarding the agency's review of billionaire Elon Musk's purchase of Twitter. Conservatives have accused social media companies, including Twitter before it was acquired by Musk, of seeking to stifle conservative voices.
Persons: James Lawler Duggan, Lina Khan, Jim Jordan, Trump, Black Knight, Amgen's, Elon Musk's, Diane Bartz, Matthew Lewis Organizations: U.S, Capitol, REUTERS, WASHINGTON, U.S . Federal Trade Commission, Republican, Committee, FTC, Microsoft, Activision, Khan, Facebook, Illumina's, Black, Horizon Therapeutics, Twitter, Musk, Thomson Locations: Washington , U.S, Washington
WASHINGTON, July 13 (Reuters) - The U.S. Federal Trade Commission (FTC) asked a federal court on Thursday for a stay that would prevent Microsoft (MSFT.O) from closing its $69 billion purchase of "Call of Duty" maker Activision Blizzard (ATVI.O). A federal judge had ruled for Microsoft on Tuesday, saying the agency had failed to show the deal would be illegal under antitrust law. The FTC appealed that loss late on Wednesday, and Microsoft has said it would fight that appeal. In its motion, the FTC asked for an order that would prevent the deal from closing until after the 9th U.S. Circuit Court of Appeals has ruled on a separate stay request filed with that court.
Persons: Jacqueline Scott Corley, Diane Bartz, Tim Ahmann, Josie Kao Organizations: U.S . Federal Trade Commission, Microsoft, Activision, FTC, U.S, Circuit, Appeals, Britain's, Markets Authority, Thomson Locations: Britain, California
WASHINGTON, July 13 (Reuters) - A U.S. appeals court on the West Coast opened a docket on Thursday on the U.S. Federal Trade Commission's effort to overturn its loss trying to stop Microsoft (MSFT.O) from buying "Call of Duty" maker Activision (ATVI.O). A federal judge in California had ruled for Microsoft on Tuesday, saying the agency had failed to show the deal was illegal under antitrust law. The FTC said late on Wednesday that it would appeal that loss, and Microsoft has said it would fight that appeal. The docket was opened in the Ninth Circuit Court of Appeals and suggests the text of the FTC's appeal was forthcoming. After July 18, either company will be free to walk away from the deal unless they negotiate an extension.
Persons: Jacqueline Scott Corley, Diane Bartz, David Shepardson, Chizu Organizations: Coast, U.S . Federal Trade, Microsoft, Activision, FTC, Ninth Circuit, Biden, Thomson Locations: California, San Francisco
FTC files appeal to pause Microsoft-Activision deal
  + stars: | 2023-07-13 | by ( ) www.cnbc.com   time to read: 1 min
In this videoShare Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailFTC files appeal to pause Microsoft-Activision dealCNBC's Steve Kovach joins 'Power Lunch' to report on FTC Chair Lina Khan being grilled by Congress and the FTC filing an appeal to pause Microsoft-Activision deal.
Persons: Steve Kovach, Lina Khan Organizations: Microsoft, Activision
During the highly partisan hearing, Republicans accused Ms. Khan, 34, who has carried out an aggressive agenda of lawsuits and investigations against tech companies, of “harassing” businesses. The lawmakers, who repeatedly cut off Ms. Khan midsentence, also ridiculed her for the F.T.C.’s recent losses in antitrust cases and for wasting government resources. “You are now 0 for 4 in merger trials,” Representative Kevin Kiley, Republican of California, said at the House Judiciary Committee hearing. “Why are you losing so much?”The blistering session capped a bruising week that has brought greater scrutiny to the F.T.C. after another judge decided in May against its attempt to block Meta’s acquisition of a virtual reality app maker, Within.
Persons: Lina Khan, Ms, Khan, Khan midsentence, Kevin Kiley, Khan’s Organizations: Federal Trade Commission, Activision Locations: California
July 13 (Reuters) - Microsoft Corp (MSFT.O) and Activision Blizzard (ATVI.O) are considering giving up some control of their cloud-gaming business in the UK to appease regulators so they can complete their $69 billion merger, Bloomberg News reported on Thursday. The sale could involve the cloud-based market rights for games in the UK to a telecommunications, gaming or internet-based computing company, the report said, citing people familiar with the matter. Britain's competition regulator said on Wednesday a restructured deal between the companies could satisfy its anti-competition concerns regarding the merger, subject to a new investigation. Microsoft and Activision did not immediately respond to Reuters' request for comment. Reporting by Lavanya Ahire in Bengaluru; Editing by Sherry Jacob-PhillipsOur Standards: The Thomson Reuters Trust Principles.
Persons: Lavanya, Sherry Jacob, Phillips Organizations: Microsoft Corp, Activision Blizzard, Bloomberg, Microsoft, Activision, Reuters, Thomson Locations: Bengaluru
Lina Khan Whiffs on the Microsoft-Activision Tie-Up
  + stars: | 2023-07-12 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. https://www.wsj.com/articles/lina-khan-activision-blizzard-microsoft-judge-jacqueline-scott-corley-federal-trade-commission-antitrust-law-52cd1a65
Persons: Dow Jones, lina, jacqueline, scott, corley, 52cd1a65 Organizations: activision, microsoft
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