FTC appeal in Microsoft/Activision case shows US regulator isn’t giving up yet

Artist's conception of the FTC and Microsoft fighting over this deal in the courts.

The FTC has given legal notice that it intends to appeal a recent district court decision that denied a temporary injunction in Microsoft's proposed merger with Activision.

The appeal notice, filed with the Ninth Circuit Court of Appeals late Wednesday, is a rare move for the FTC in cases like this. The FTC is facing down District Court Judge Jacqueline Scott Corley's finding that the regulator "has not shown a likelihood it will prevail on its claim this particular vertical merger in this specific industry may substantially lessen competition."

An appeal would have to convince a circuit court judge of some key unconsidered area of fact or law to overturn that decision, which could be a high bar in this case. Still, the appeal filing itself shows that the FTC is not willing to give up easily in this high-profile case.

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from Gaming – Ars Technica https://ift.tt/01fWqkM