US Court of Appeal Confirms Activision Blizzard Takeover by Microsoft
- appeals court has affirmed that Microsoft's $69 billion acquisition of video game developer Activision Blizzard does not violate antitrust laws, dealing a significant blow to the Federal Trade...
- Circuit Court of Appeals, based in San Francisco, upheld a lower court's decision Wednesday, denying the FTC's request for an injunction to prevent the takeover.
- The court further stated, "The FTC has not raised serious questions about whether the proposed merger would substantially lessen competition in the relevant market."
Microsoft’s Activision Blizzard Acquisition Clears U.S. Court Hurdle
Table of Contents
- Microsoft’s Activision Blizzard Acquisition Clears U.S. Court Hurdle
- Legal Challenges and FTC Concerns
- global Regulatory Scrutiny
- Microsoft’s activision Blizzard Acquisition: Your Questions Answered
- What is the core issue surrounding Microsoft’s acquisition of Activision Blizzard?
- What is the latest legal advancement in this acquisition?
- Which court made this decision, and what was their rationale?
- What were the FTC’s main arguments against the acquisition?
- What commitments did Microsoft make to address these concerns?
- How did the initial legal challenges unfold?
- What was the stance of other regulatory bodies globally?
- What does the court’s decision mean for the acquisition moving forward?
- was there any resistance to the merger from the FTC?
- Why is this acquisition considered significant?
SAN FRANCISCO (AP) — A U.S. appeals court has affirmed that Microsoft’s $69 billion acquisition of video game developer Activision Blizzard does not violate antitrust laws, dealing a significant blow to the Federal Trade Commission’s (FTC) efforts to block the deal.
The 9th U.S. Circuit Court of Appeals, based in San Francisco, upheld a lower court’s decision Wednesday, denying the FTC’s request for an injunction to prevent the takeover. The three-judge panel unanimously agreed that “the district court applied the correct legal standards and did not abuse its discretion” in finding that the FTC failed to demonstrate a likelihood of success in proving its case.
The court further stated, “The FTC has not raised serious questions about whether the proposed merger would substantially lessen competition in the relevant market.”
Legal Challenges and FTC Concerns
The FTC initiated a cartel procedure against Microsoft in late 2022,arguing that the acquisition of Activision Blizzard,the maker of “Call of Duty,” would allow Microsoft to suppress competition for its Xbox game consoles and its growing subscription and cloud gaming services.
U.S. District Judge Jacqueline Scott Corley initially rejected the FTC’s request to block the takeover in July 2023, deeming the deal beneficial for consumers. Microsoft had committed to keeping “Call of Duty” on PlayStation for 10 years. Agreements were also made with Nintendo to bring “Call of Duty” to the Switch, and to provide Activision content to various cloud gaming services. Judge Corley stated that the FTC had not proven that the acquisition would considerably harm competition. The FTC’s subsequent appeal was rejected.
the FTC also challenged the merger through an internal administrative process, which was paused in 2023 pending the 9th U.S. Circuit Court’s decision. The FTC’s now-rejected lawsuit sought to freeze the activision Blizzard takeover while the antitrust authority continued its administrative challenge.
global Regulatory Scrutiny
The acquisition faced resistance not only in the U.S. but also in Great britain. The UK’s antitrust authority, the Competition and Markets Authority (CMA), initially blocked the deal but later approved it after Microsoft offered additional concessions. The CMA stated that the revised agreement would “prevent Microsoft from stifling competition in the emerging cloud gaming market” and “ensure competitive prices and services for British consumers.”
The EU Commission approved the deal in May 2023,waiving a new review after Microsoft adjusted the takeover structure to accommodate the CMA’s concerns.
Microsoft’s acquisition of Activision Blizzard represents the largest merger in the video game market to date. With the FTC’s defeat in the Court of Appeals, the acquisition appears poised to proceed. Prior to this ruling, the possibility of reversing the takeover was considered highly unlikely.
Microsoft’s activision Blizzard Acquisition: Your Questions Answered
This article answers common questions about Microsoft’s acquisition of Activision Blizzard, providing insights into the legal battles and global regulatory scrutiny surrounding the deal.
What is the core issue surrounding Microsoft’s acquisition of Activision Blizzard?
The core issue involves the potential for Microsoft, after acquiring Activision Blizzard, to stifle competition in the video game market. The Federal Trade Commission (FTC) argued that this acquisition, notably given Activision Blizzard’s ownership of popular franchises like “Call of Duty,” would give Microsoft an unfair advantage and harm consumers.
What is the latest legal advancement in this acquisition?
A U.S. appeals court has affirmed that Microsoft’s $69 billion acquisition of Activision Blizzard does not violate antitrust laws. This ruling reversed the FTC’s efforts to block the deal,significantly altering the trajectory of the acquisition.
Which court made this decision, and what was their rationale?
The 9th U.S. Circuit Court of Appeals, based in San Francisco, made the decision. They upheld a lower court’s ruling that denied the FTC’s request for an injunction. The three-judge panel unanimously agreed that the lower court “applied the correct legal standards” and that the FTC failed to prove the acquisition would harm competition. The court stated that the FTC “has not raised serious questions about whether the proposed merger would substantially lessen competition in the relevant market.”
What were the FTC’s main arguments against the acquisition?
The FTC’s primary concerns centered on the potential for Microsoft to:
Suppress Competition: The FTC argued that Microsoft could make Activision Blizzard games exclusive to it’s Xbox consoles and cloud gaming services, limiting consumer choice and harming competitors.
Harm Consumers: the FTC believed that the acquisition could led to higher prices or reduced quality of video games.
What commitments did Microsoft make to address these concerns?
Microsoft made the following key commitments:
“Call of Duty” on PlayStation: Microsoft committed to keeping “call of Duty” available on PlayStation consoles for 10 years.
Nintendo Agreement: Agreements were made to bring “Call of Duty” to the Nintendo Switch.
* Cloud Gaming Access: Activision content would be provided to various cloud gaming services.
How did the initial legal challenges unfold?
The FTC initiated a “cartel procedure” against Microsoft in late 2022. U.S. District Judge Jacqueline Scott Corley initially rejected the FTC’s request to block the deal in July 2023, deeming the deal beneficial for consumers. The FTC then appealed this decision, but that appeal was rejected by the 9th Circuit Court of Appeals. The FTC also pursued an internal administrative process, which was paused pending the 9th Circuit’s decision.
What was the stance of other regulatory bodies globally?
The acquisition faced scrutiny from other regulatory bodies worldwide. Here’s a breakdown of their positions:
| Regulatory Body | Initial Position | Final Decision | Key Considerations |
| :——————————— | :—————————- | :———————————————————- | :————————————————————————————- |
| Competition and Markets Authority (CMA), UK | Initially blocked the deal | Approved after Microsoft offered concessions | Prevent Microsoft from stifling competition in the cloud gaming market |
| EU Commission | N/A | Approved in May 2023 | Waived a new review after Microsoft adjusted the takeover structure to accommodate the CMA’s concerns. |
What does the court’s decision mean for the acquisition moving forward?
With the FTC’s defeat in the Court of Appeals, the acquisition appears poised to proceed. Prior to this ruling, the possibility of reversing the takeover was considered highly unlikely.
was there any resistance to the merger from the FTC?
Yes, the FTC challenged the merger through both legal action and an internal administrative process. The now-rejected lawsuit sought to prevent Microsoft from acquiring Activision Blizzard while the FTC pursued its antitrust concerns.
Why is this acquisition considered significant?
Microsoft’s acquisition of Activision Blizzard represents the largest merger in the video game market to date. This highlights the scale and potential impact of the deal on the industry landscape.