Microsoft and the UK's antitrust regulator have conditionally been granted a two-month pause on their legal battle as the company looks to resolve the Competition and Markets Authority's (CMA) concerns over its proposed $68.7 billion acquisition of Activision Blizzard. Judge Marcus Smith of the Competition Appeal Tribunal (CAT), which hears appeals on the CMA's decisions, wants proof from the watchdog that this is the right course of action, but still paused the legal battle for now.
Smith wants the CMA to justify its adjournment application by providing evidence that shows a material change in circumstances or "special reasons" for delaying the litigation. He also wants the regulator to detail any new consultation process it plans to undertake "so that everybody is clear as to how it will work," according to Reuters. The judge asked the CMA to submit evidence on Thursday.
Microsoft appealed the CMA's decision in April to block the merger over cloud gaming concerns. The CAT was due to hear that case starting on July 28th. However, shortly after the Federal Trade Commission lost an attempt to stall the acquisition in the US last week, the CMA said it would consider a modified merger agreement from Microsoft. The CMA, Microsoft and Activision all asked the CAT for more time and the tribunal has granted the request.
CMA lawyer David Bailey told the CAT that the FTC's court loss "formed no part of the CMA's thinking" in terms of its willingness to review a new proposal from Microsoft. "Based upon the discussion to date, both sides — Microsoft and the CMA — have confidence that Microsoft notifying a restructured transaction is capable of addressing the concerns that the CMA has identified," he said.
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