Microsoft vs FTC: FTC to appeal Microsoft Activision decision

What you need to know

• Microsoft is attempting to acquire Activision Blizzard, makers of popular titles such as Call of Duty and World of Warcraft.
• The FTC voted to block the deal in December.
• The FTC officially filed for a preliminary injunction a few weeks ago that was ultimately denied.
• The FTC has now filed for an appeal of said decision.

Just when we all thought it was over, the case between Microsoft and the FTC continues on. The FTC officially voted to block Microsoft’s acquisition of Activision during the holidays last year. Since then, things have only gotten worse between the two parties, where the FTC pushed for a preliminary injunction in federal court, where they ultimately lost on Tuesday as reported by Jez Corden. Now, the FTC has officially filed for an appeal today in the hopes being granted the preliminary injunction.

In a filing today, the FTC stated, “Notice is herby given that Plaintiff Federal Trade Commission (“FTC”) appeals to the United States of Court of Appeals for the Ninth Circuit from this Court’s Opinion dated July 10, 2023 and entered on the Court’s docket of July 11, 2023 at ECF Docket Number 305 denying the FTC’s request for a preliminary injunction pursuant to Federal Trade Commission Act.

What does this mean for the deal? If the decision is overturned, the preliminary injunction will be granted, and Microsoft will no longer be able to close. As of now, Microsoft can close the deal as early as Saturday, as there is a TRO (Temporary Restraining Order) in place that expires Friday.