The FTC files to appeal a US court ruling that cleared the way for Microsoft to acquire Activision Blizzard; the existing TRO expires at 11:59pm PT on July 14
The Federal Trade Commission (FTC) says it is appealing a recent US federal court order that cleared the way for Microsoft to purchase Activision Blizzard.
The Verge
Context & Ripple Effects
The appeal follows the FTC’s earlier bid for a temporary restraining order and preliminary injunction and a court decision finding its theories of harm unlikely to succeed. The agency is now pursuing appellate relief against a transaction that the district-court ruling had largely cleared to proceed.
The expiring TRO makes timing central: absent new court action, Microsoft and Activision Blizzard face a narrowing legal barrier rather than a resolved regulatory dispute.
First-order effects
- The FTC must persuade the Ninth Circuit to intervene quickly before the TRO expires; its appeal keeps the challenge active but does not itself extend the restraint.
- Microsoft and Activision Blizzard gain a clearer path to close if no emergency relief is granted, while remaining exposed to appellate litigation.
Second-order effects
- The district-court result raises the bar for the FTC to use emergency court remedies against this deal, shifting leverage toward the companies as the closing window approaches.
- Other large technology dealmakers and their advisers will closely watch whether an appeal can alter a failed injunction effort, particularly where agency theories have already been rejected at trial court.
Third-order effects
- If appellate courts consistently decline to pause challenged transactions after adverse district-court rulings, merger enforcement may rely more heavily on post-closing challenges rather than pre-closing injunctions.
- The episode illustrates how merger outcomes can hinge on procedural timing: regulators may retain a case while losing practical ability to prevent a transaction from closing.
The trend: This is one data point in the growing importance of fast, pre-closing litigation as the decisive arena for enforcement of major technology mergers.
Related: FTC · Microsoft · Activision Blizzard · FTC seeks temporary restraining order · Court rejects FTC preliminary injunction bid
Related Coverage
- FTC v. Microsoft and Activision Blizzard - Notice of Appeal US District Court, Northern District of California
- FTC says it will appeal to block Microsoft-Activision deal CNBC · Jordan Novet
- FTC appeals against court ruling in case against Xbox GamesIndustry.biz · James Batchelor
- Xbox deal could be closing soon, Activision Blizzard to leave Stock Exchange Windows Central · Cole Martin
- FTC to Appeal Microsoft-Activision Ruling. But Time Is Running Out. Barron's Online · Brian Swint
- Call Of Duty On Switch Still Isn't Guaranteed As FTC Appeals Court Ruling Nintendo Life · Jim Norman
- FTC could appeal Microsoft-Activision ruling as soon as Wednesday CNBC · Lauren Feiner
- Activision Blizzard is set to be removed from the NASDAQ stock market on Monday, July 17 Neowin · John Callaham
- Microsoft is ‘Dissapointed’ as FTC Filed to Appeal Against Activision Blizzard Acquisition Ruling iPhone in Canada Blog · Steve Vegvari
- Microsoft “disappointed” as FTC launches appeal Eurogamer.net · Tom Phillips
- Microsoft Deal Could Close Soon With Activision Blizzard Set to Leave Stock Exchange IGN · Wesley Yin-Poole
- FTC continues its fight against Microsoft's Activision Blizzard acquisition by lodging appeal TechRadar · Cat Bussell
- FTC appeals ruling following Microsoft-Activison court win TrueAchievements · Sean Carey
- The FTC appeals court case loss against Microsoft's Activision Blizzard buyout Rock, Paper, Shotgun · Kaan Serin
- Microsoft ‘disappointed’ as FTC officially files appeal on Activision Blizzard ruling Video Games Chronicle · Andy Robinson
- Microsoft beat the FTC. Here's what the controversial court ruling means for Xbox Digital Trends · Tomas Franzese
- Microsoft Activision Deal Could Be Closing on July 17, 2023 as Activision Blizzard Leaves Stock Market Appuals.com · Abdullah Amin
- FTC Files Appeal Against Judge's Decision, Hoping to Delay Microsoft's Closure of Activision Blizzard Deal Wccftech · Alessio Palumbo
- The FTC Officially Files an Appeal Against Microsoft-Activision Court Victory Push Square
- FTC to launch appeal against Microsoft's Activision Blizzard King acquisition Gamereactor UK · Ben Lyons
- FTC appeals court ruling on Microsoft's Activision deal BigTechWire · Pradeep Viswanathan
- FTC to appeal judge's decision to let Microsoft buy Activision Reuters
- FTC is still trying to kill Microsoft-Activision Blizzard deal that appeals court ruling blessed SiliconANGLE · James Farrell
- FTC Appeals Court Decision in Microsoft Activision Blizzard Acquisition Trial Game Rant · Sarah Fields
- FTC to appeal ruling paving the way for Microsoft-Activision deal Axios · Sara Fischer
- FTC will appeal court ruling that paved way for Microsoft's acquisition of Activision GeekWire · Taylor Soper
- FTC Moves To Appeal This Week's Microsoft/Activision Blizzard Court Decision GameSpot · Jess Howard
- FTC Appeals Microsoft-Activision Blizzard Antitrust Court Loss The Hollywood Reporter · Winston Cho
- The FTC is appealing ruling over Microsoft's acquisition of Activision Blizzard Stevivor · Steve Wright
- FTC Will Appeal Ruling Letting $69 Billion Microsoft-Activision Deal Close Forbes · Antonio Pequeño IV
- The FTC Is Appealing The Verdict In Its Case Against Xbox Press Start · Kieron Verbrugge
- FTC will appeal court's decision allowing Microsoft to buy Activision Washington Post
- US antitrust body to appeal court ruling on Microsoft's Activision deal Reuters · Diane Bartz
- Microsoft vs FTC: FTC to appeal Microsoft Activision decision Windows Central · Michael Hoglund
- FTC appeals Judge Corley's decision in Microsoft-Activision merger case TweakTown · Derek Strickland
- FTC appeals ruling that would have let Microsoft's Activision takeover move forward Engadget · Kris Holt
- FTC Says It Will Appeal to Block Microsoft-Activision Deal KNSD-TV
- FTC Files Appeal Against Verdict from Trial Against Microsoft's Acquisition of Activision Blizzard GamingBolt · Shunal Doke
- Microsoft Closer to Finalizing Activision Blizzard Merger - FTC Injunction Request Rejected by US Judge TechPowerUp
- FTC reportedly “leaning toward” Microsoft court decision appeal Eurogamer.net · Tom Phillips
- Experts: the FTC faces hurdles in any Activision ruling appeal as the facts work in Microsoft's favor; some question the judge's standard on harming competition Reuters
- US approves Microsoft's Activision Blizzard deal (Update: FTC appeals ruling) Android Authority · Ryan McNeal
- Critics say FTC Chair Lina Khan's take-it-to-the-courts strategy is flawed, ahead of a House Judiciary Committee hearing to “examine mismanagement of the FTC” New York Times · Cecilia Kang
Discussion
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Gameranx
Ryan Parreno
on x
FTC Appeals Injunction, Microsoft And Activision Blizzard React
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Pure Xbox
Liam Doolan
on x
FTC Appeals Court's Ruling Permitting Microsoft's Acquisition Of Activision Blizzard
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@bradsmi
Brad Smith
on x
Yesterday the Court ruled our acquisition of Activision Blizzard should proceed, and we oppose any further delay. Our statement on the FTC's decision to appeal: [image]
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@tomwarren
Tom Warren
on x
BREAKING: the FTC has filed an appeal against Judge Corley's decision to deny its preliminary injunction request over Microsoft's proposed Activision Blizzard acquisition https://www.theverge.com/...
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@nlgmullis
Mike Mullis
on x
I kept trying to tell people, Lina Kahn is a political activist and she wants her big win no matter how many times she lost before. And she HAS people like Sen. Elizabeth Warren in her corner cheering her on. This ISN'T over yet. https://www.theverge.com/...
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@geronimo_73_
@geronimo_73_
on x
As expected, the FTC filed an appeal to deny Judge Corley's decision accepting Microsoft's acquisition of Activision Blizzard Microsoft will file its motion to again defend itself against an FTC Without new arguments, FTC is set to lose this case as well https://storage.courtlist…
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@jordannovet
Jordan Novet
on x
well there it is https://www.cnbc.com/...
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@tomwarren
Tom Warren
on x
Microsoft has responded to the FTC's decision to appeal Judge Corley's ruling: “We're disappointed that the FTC is continuing to pursue what has become a demonstrably weak case, and we will oppose further efforts to delay the ability to move forward.” https://www.theverge.com/...
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@gameoverthirty
@gameoverthirty
on x
It's not clear the appellate court will even rule in time to stop #Microsoft from closing the deal. Regardless, the FTC has appealed Judge Corley's decision to DENY a preliminary injunction against the acquisition of #ActivisionBlizzard. https://storage.courtlistener.com/ ...
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@nlgmullis
Mike Mullis
on x
We will talk about this tonight, but as I said earlier don't underestimate Lina Kahn's determination to take down a big fish tech company. This has nothing to do with protecting consumers. This is a political cause for her. This isn't over yet folks. [image]
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@grummz
@grummz
on x
It's not over. FTC just filed to appeal in the Microsoft Activision Blizzard case. Looks like they seriously want to kill this deal. This sets the clock ticking again. https://www.theverge.com/...
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@reckless1280
Nilay Patel
on threads
Just to put this in sharp relief: do you, or anyone you know, recall the trial outcome in Dobbs? The facts of it? Or that it landed in the Supreme Court which used it to overturn Roe as law? Exactly.
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@reckless1280
Nilay Patel
on threads
Just a reminder that if your goal is to change the legal standard for antitrust enforcement you have always been aiming for the appellate courts, I beg you to please understand trial courts are about...
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r/TwoBestFriendsPlay
r
on reddit
The Saga Continues with FTC Appealing ActiBlizz Merger Ruling
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r/pcgaming
r
on reddit
FTC is appealing ruling that cleared Microsoft to buy Activision Blizzard
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r/xboxone
r
on reddit
FTC appeals court decision permitting Microsoft to buy Activision Blizzard
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r/XboxSeriesX
r
on reddit
FTC appeals court decision permitting Microsoft to buy Activision Blizzard