A US judge late on Tuesday granted the Federal Trade Commission's (FTC) request to temporarily block Microsoft's acquisition of video game maker Activision Blizzard and set a hearing next week.
US District Judge Edward Davila scheduled a two-day
evidentiary hearing on the FTC's request for a preliminary injunction for June
22–23 in San Francisco. Without a court order, Microsoft could have closed on
the $69 billion deal as early as Friday.
The FTC, which enforces antitrust law, asked an
administrative judge to block the transaction in early December. An evidential
hearing in the administrative proceeding is set to begin August 2.
Based on the late-June hearing, the federal court will
decide whether a preliminary injunction — which would last during the
administrative review of the case — is necessary. The FTC sought the temporary
block on Monday.
Davila said the temporary restraining order issued on
Tuesday "is necessary to maintain the status quo while the complaint is
pending (and) preserve this court's ability to order effective relief in the
event it determines a preliminary injunction is warranted and preserve the
FTC's ability to obtain an effective permanent remedy in the event that it
prevails in its pending administrative proceeding."
Microsoft and Activision must submit legal arguments
opposing a preliminary injunction by June 16; the FTC must reply on June 20.
Activision, which said Monday the FTC's decision to seek a
federal court order was "a welcome update and one that accelerates the
legal process," declined to comment Tuesday.
Microsoft said Tuesday "accelerating the legal process
in the US will ultimately bring more choice and competition to the gaming market.
A temporary restraining order makes sense until we can receive a decision from
the court, which is moving swiftly."
The FTC declined to comment.
Davila said the bar on closing will remain in place until at
least five days after the court rules on the preliminary injunction request.
The FTC has argued the transaction would give Microsoft's
video game console Xbox exclusive access to Activision games, leaving Nintendo
consoles and Sony‘s PlayStation out in the cold.
Microsoft's bid to acquire the Call of Duty video game maker
was approved by the EU in May, but British competition authorities blocked the
takeover in April.
Microsoft has said the deal would benefit gamers and gaming
companies alike, and has offered to sign a legally binding consent decree with
the FTC to provide Call of Duty games to rivals including Sony for a decade.
The case reflects the muscular approach to antitrust
enforcement taken by the administration of US President Joe Biden. © Reuters