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re: pg 7: Microsoft has finalized its purchase of Activision; trailer: first post on page 8

Posted on 7/13/23 at 10:07 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
51035 posts
Posted on 7/13/23 at 10:07 pm to
There's no deadline, but the 9th circuit must rule tomorrow if the FTC wants an injunction. Seems unrealistic to expect that to happen. If they don't rule tomorrow, then the deal can close in the USA on Saturday. Even if they don't announce a decision, the deal can close. The current closing deadline is Tuesday. If they are having constructive talks with the CMA, MS/ABK will probably wait as long as they can to close in hopes they can come to an agreement with the CMA. It's possible they extend the deadline but I think they want to close before the FTC has time to meddle further.

Judge Corley already denied the appeal on her end.

I doubt it gets blocked, but the fact that it's the Ninth Circus does give me some pause. They're known for being historically wrong.

It should be obvious that the FTC waited to file a PI motion until it was almost too late to have hearings because they were hoping a PI would kill the deal completely. One would hope courts disagree with such tactics. That's what a competitor does, not a regulator.
This post was edited on 7/14/23 at 7:34 am
Posted by imjustafatkid
Alabama
Member since Dec 2011
51035 posts
Posted on 7/14/23 at 11:39 am to
The 9th Circuit has not asked MS/ABK for a response to the FTC's appeal yet. MS/ABK must wait for the 9th Circuit Clerk to ask for a response before they can. The FTC then could reply to MS/ABK's response.

Additionally, the 9th Circuit could just deny the appeal without asking MS/ABK to respond.

The only decision that would matter today is if the 9th circuit grants an injunction. Any other conclusion (including no ruling at all) means MS/ABK can close at 12:01 am "tomorrow" (more likely that they close Monday unless there is an injunction).
This post was edited on 7/14/23 at 11:40 am
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