Microsoft and Activision urge FTC to drop its legal challenge before August hearing
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Microsoft and Activision Blizzard have filed a request to the Federal Trade Commission, urging the body to withdraw plans for an administrative hearing next month.
The hearing was first scheduled after the FTC issued a legal challenge against Microsoft's proposed acquisition of Activision Blizzard back in December. While it does not have the power to block the merger, the hearing could lead to the case being elevated to other US courts.
However, Microsoft and Activision Blizzard argue in their filing that the US courts have already demonstrated they do not believe the acquisition to be anti-competitive, following the FTC's failure to secure a preliminary injunction from the District Court and the Ninth Circuit's denial of its appeal against this decision.
"After a five-day evidentiary hearing, the district court found that the FTC is unlikely to succeed on any of the theories of competitive harm advanced in its Complaint for multiple, independently sufficient reasons," the two companies' legal representatives wrote.
The filing adds that withdrawal from adjudication is "not only mandatory but is in the public interest."
It also argues the district court "had a full opportunity" to consider the FTC's arguments, given that the hearing saw testimonies from all of the FTC's major witnesses – including the CEOs of Microsoft, Activision, Xbox and PlayStation – as well as economic experts and any other third parties the Commission subpoenaed for the proceeding.
The FTC also submitted a total of 851 exhibits to the district court, as well as pre- and post-hearing written submissions.
"In light of this thorough airing and the district court's
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