Microsoft’s $69b deal to buy Activision can go ahead, US judge rules

Microsoft could go forward with its deal to acquire videogame maker Activision Blizzard, a US judge ruled on Tuesday. The ruling cleared one of the last major hurdles to the $69 billion deal – the biggest deal in Microsoft and the videogame industry’s history – as the court denied the request by the Federal Trade […]

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Microsoft could go forward with its deal to acquire videogame maker Activision Blizzard, a US judge ruled on Tuesday.

The ruling cleared one of the last major hurdles to the $69 billion deal – the biggest deal in Microsoft and the videogame industry’s history – as the court denied the request by the Federal Trade Commission (FTC) to stop the deal.

The FTC had originally asked the judge for an injunction to stop the proposed deal, which was first announced on January 18, 2022, and argued that the merger would give Microsoft Corp a monopoly in the console gaming market.

The federal body argued that if the deal went through, Microsoft would own the entire catalogue of Activision’s games including the popular Call of Duty series. This could mean that Microsoft, makers of the Xbox gaming console, could shut out rivals such as Sony’s PlayStation and Nintendo’s Switch.

However, US District Judge Jacqueline Scott Corley disagreed with the FTC, giving a go-ahead to the Microsoft deal in the USA.

“The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony PlayStation, or that its ownership of Activision content will substantially lessen competition in the video game library subscription and cloud gaming markets,” she wrote in her ruling.

Judge Corley gave the FTC until Friday to appeal the Court’s ruling.

Microsoft heads celebrate US Court ruling on Activision purchase

Phil Spencer, the head of the Xbox brand, celebrated the ruling on Twitter, saying, “We’re grateful to the court for swiftly deciding in our favour. The evidence showed the Activision Blizzard deal is good for the industry and the FTC’s claims about console switching, multi-game subscription services, and cloud don’t reflect the realities of the gaming market.

“Since we first announced this deal, our commitment to bringing more games to more people on more devices has only grown. We’ve signed multiple agreements to make Activision Blizzard’s games, Xbox first party games and Game Pass all available to more players than they are today.

“We know that players around the world have been watching this case closely and I’m proud of our efforts to expand player access and choice throughout this journey.”

Similar sentiments were echoed by Brad Smith, the President of Microsoft, who said, “We’re grateful to the Court in San Francisco for this quick and thorough decision and hope other jurisdictions will continue working towards a timely resolution. As we’ve demonstrated consistently throughout this process, we are committed to working creatively and collaboratively to address regulatory concerns.”

“Our merger will benefit consumers and workers. It will enable competition rather than allow entrenched market leaders to continue to dominate our rapidly growing industry,” Bobby Kotick, Activision Blizzard CEO, said in a statement.

UK regulators soften stance on Activision deal; ready to consider proposals

After the US Court ruling, UK’s Competition and Markets Authority, which had strongly objected to the merger since April, said that it was prepared to consider Microsoft’s proposals to address the antitrust concerns raised by the body.

Brad Smith took to Twitter to confirm that Microsoft has agreed to pause its appeal against CMA’s blocking of the deal to look at the ways that the antitrust concerns can be resolved.

“After today’s court decision in the U.S., our focus now turns back to the UK. While we ultimately disagree with the CMA’s concerns, we are considering how the transaction might be modified in order to address those concerns in a way that is acceptable to the CMA,” Smith tweeted.

“In order to prioritize work on these proposals, Microsoft and Activision have agreed with the CMA that a stay of the litigation in the UK would be in the public interest and the parties have made a joint submission to the Competition Appeal Tribunal to this effect.”