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Chronicles

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Sources: the FTC plans to file an antitrust lawsuit to block Microsoft's $69B Activision Blizzard deal, as FTC staff are skeptical of the companies' arguments

The Federal Trade Commission is likely to file an antitrust lawsuit to block Microsoft's $69 billion takeover …

Politico Josh Sisco

Context & Ripple Effects

The deal’s U.S. review was assigned to the FTC early in the process, with the agency expected to examine harm to Microsoft’s gaming rivals. This report signals that staff skepticism is becoming an enforcement case: the FTC subsequently filed its challenge to the acquisition, while the European Commission was later reported to be preparing its own objections.

First-order effects

  • Microsoft and Activision Blizzard must prepare to defend the $69 billion transaction in U.S. antitrust litigation rather than rely on the review process ending without a lawsuit.
  • The FTC is advancing a theory centered on whether the acquisition would suppress Microsoft’s gaming competitors, putting the companies’ assurances directly at issue.

Second-order effects

  • The planned U.S. challenge adds pressure to the parallel European review, where regulators were reported to be preparing a formal statement of objections.
  • Microsoft’s defense gains importance beyond this transaction because related coverage notes that courts have been skeptical of challenges to vertical mergers, where the parties do not directly compete.

Third-order effects

  • If enforcers sustain a case based on harm to gaming rivals from a vertical acquisition, large platform owners will face more exacting review when buying major content suppliers.
  • The dispute tests whether antitrust agencies can translate concerns about platform control and exclusive access into legal theories that survive courts’ scrutiny of vertical-merger challenges.

The trend: Gaming consolidation is becoming a test case for tougher antitrust enforcement of platform acquisitions that combine distribution with must-have content.

Discussion

  • Pure Xbox Ben Kerry on x
    Report: US FTC ‘Likely’ To File Lawsuit Against Xbox's Activision Blizzard Deal
  • Gameranx Todd Black on x
    The FTC Might Stop Microsoft's Purchase Of Activision Blizzard
  • @jasonschreier Jason Schreier on x
    Thanksgiving evening bombshell news. Nobody knows what the result of an antitrust lawsuit might be, but the landscape is different than it was when the DOJ lost its case against AT&T/Time Warner (and the NYT just ran a story last week about how that was the “worst merger ever") h…
  • @danieljkelley @danieljkelley on x
    Oh my. https://www.politico.com/...
  • @techwontsaveus @techwontsaveus on x
    “The Federal Trade Commission is likely to file an antitrust lawsuit to block Microsoft's $69 billion takeover of ... Activision Blizzard, maker of the hit games Call of Duty and Candy Crush, according to three people with knowledge of the matter.” https://www.politico.com/...
  • @wbm312 Whitney Merrill on x
    Honestly if all the things for the FTC to care about, this one feels meh in comparison to some other really horrible antitrust behavior in other industries. I wish the FTC would do something about Ticketmaster, Comcast, Disney, telecommunications generally, local news... https://…
  • @sarthakgh Sar Haribhakti on x
    Lina Khan came onto the scene with much fanfare and a new dumb approach to antitrust (basically punishing bigness and being vindictive). Big tech critics loved her. Nothing accomplished. Now FTC is leaking they are back to doing standard FTC things https://www.politico.com/...
  • @fosspatents Florian Mueller on x
    Google allegedly argues that Microsoft degrades the Game Pass experience on Android, but there is no iOS version ajd gamers always prefer a large screen. Mobile is often the only option. If Google considers games so key to Android's success, it should abolish its app tax. https:/…
  • @charlieintel @charlieintel on x
    NEW: Politico is reporting the FTC will file an antitrust lawsuit against Microsoft to prevent their acquisition of Activision Blizzard https://www.politico.com/... https://twitter.com/...
  • @johnxuandou @johnxuandou on x
    It's wild how many people are: 1) Mad about this even being discussed and not just unilaterally allowing Microsoft to buy Actiblizz. 2) Posting Whataboutisms of previous acquisitions when the FTC was under different and worse management. https://twitter.com/...
  • @geronimo_73_ @geronimo_73_ on x
    The Federal Trade Commission is likely to file an antitrust lawsuit to block Microsoft's $69 billion takeover of video game giant Activision Blizzard Microsoft said it “is prepared to address the concerns of regulators, including the FTC” https://www.politico.com/... $MSFT $ATVI …
  • @politico @politico on x
    This would be the FTC's biggest move yet under Lina Khan to rein in the power of the world's largest tech companies. It would also be a major black mark for Microsoft, which has positioned itself as a white knight of sorts on antitrust issues in tech. https://www.politico.com/...
  • @karlbode Karl Bode on x
    it's very unfamiliar and weird having an FTC that actually cares about mindless consolidation and “growth for growth's sake” megadeals https://twitter.com/...
  • @tomwarren Tom Warren on x
    The FTC is “likely” to file an antitrust lawsuit to block Microsoft's Activision Blizzard deal, reports Politico. If the FTC progresses with a case against Microsoft it could reportedly come as soon as next month https://www.politico.com/...
  • @fosspatents Florian Mueller on x
    Can't see how this would change anything about Microsoft having kept clear of #antitrust trouble for about 20 years. To fight for approval of a proposed merger—no matter the outcome—is not comparable to being held in violation of the antitrust laws over past unilateral conduct. h…