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