Microsoft’s Activision acquisition temporarily blocked by US judge as FTC challenge awaits hearing in court
- A judge granted the Federal Trade Commission’s request to temporarily block the acquisition of the video gaming giant that could have closed as early as Friday
- The FTC argued the deal could give Microsoft exclusive access to Activision games, reflecting the Biden administration’s muscular approach to antitrust
US District Judge Edward Davila scheduled a two-day evidentiary hearing on the FTC’s request for a preliminary injunction for June 22 to 23 in San Francisco. Without a court order, Microsoft could have closed on the US$69 billion deal as early as Friday.
The FTC, which enforces antitrust law, asked an administrative judge to block the transaction in early December. An evidential hearing in the administrative proceeding is set to begin August 2.
Based on the late-June hearing, the federal court will decide whether a preliminary injunction – which would last during the administrative review of the case – is necessary. The FTC sought the temporary block on Monday.
Davila said the temporary restraining order issued on Tuesday “is necessary to maintain the status quo while the complaint is pending (and) preserve this court’s ability to order effective relief in the event it determines a preliminary injunction is warranted and preserve the FTC’s ability to obtain an effective permanent remedy in the event that it prevails in its pending administrative proceeding”.
Microsoft and Activision must submit legal arguments opposing a preliminary injunction by June 16; the FTC must reply on June 20.
Activision, which said Monday the FTC decision to seek a federal court order was “a welcome update and one that accelerates the legal process”, declined to comment Tuesday.
