The Federal Trade Commission has filed an appeal to a California judge’s ruling earlier this week in its Activision Blizzard acquisition court case against Microsoft.
Earlier this week, California Judge Jacqueline Scott Corley denied the FTC’s request for a preliminary injunction in its case to block Microsoft and Xbox from acquiring the Call of Duty maker. The FTC sought this preliminary injunction to have the court order Microsoft to cease its attempt at acquiring Activision Blizzard for a colossal $69 billion. Following the court ruling, the FTC had until July 14 to file an appeal, and it did so on July 12.
Here’s what the FTC’s appeal filing says:
“Notice is hereby given that Plaintiff Federal Trade Commission (“FTC”) appeals to the United States Court of Appeals for the Ninth Circuit from this Court’s Opinion dated July 10, 2023 and entered on the Court’s docket on July 11, 2023 at ECF Docket Number 305 denying the FTC’s request for a preliminary injunction pursuant to Federal Trade Commission Act § 13(b), 15 U.S.C. 53(b)”
Microsoft vice chair and president Brad Smith released the following statement on Twitter regarding the filing of the appeal:
Activision Blizzard CCO Lulu Cheng Meservey tweeted in response to this appeal filing, “The facts haven’t changed. We’re confident the U.S. will remain among the 39 countries where the merger can close. We look forward to demonstrating the strength of our case in court – again.”
Judge Corley wrote in their ruling that, “After considering the parties’ voluminous pre-and-post hearing writing submissions, and having held a five-day evidentiary hearing, the court DENIES the motion for preliminary injunction.” They write that the FTC did not show “it is likely to succeed on
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