David Baker
The FTC is already appealing the court’s decision against the agency’s attempt to ban Microsoft (Nasdaq: MSFT($69 billion acquisition of Activision Blizzard)Nasdaq: ATVI).
After the Federal Trade Commission took a hit by denying an injunction against the deal, all indications are If litigation is only paused until Friday, the agency may act quickly to continue.
Now the appeal has been brought to the Ninth Circuit Court of Appeals, where legal experts believe the FTC has a daunting task ahead on establishing the facts behind its case. The agency will need an emergency stay to extend the current temporary restraining order after midnight Friday.
Microsoft’s $69 billion deal has a close date of next Tuesday, and indications are that the company wants to close on the acquisition of Activision by Monday.
This isn’t the only deadline that Microsoft (MSFT) and Activision Blizzard (ATVI) are racing against. After a pause in UK litigation requested by the two companies and the UK Competition and Markets Authority, Microsoft will still need to secure acceptable compensation from the CMA to get the UK regulatory green light.