The Competition and Markets Authority (CMA) in April blocked the $69 billion deal but a favourable ruling appears to mean that the biggest video game deal in history could go ahead in the US – leaving Britain’s regulator isolated.
The CMA said that the parties “can choose to restructure a deal, which can lead to a new merger investigation.”
“Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis,” it said. However, Microsoft and Activision will not be able to submit new remedies once a final report has been issued.
The CMA said that added that the discussions were at an early stage and the timing of next steps would be determined in due course, according to news agency Reuters. Notably, the European Union has already okayed the merger of the two companies.
FTC appeals US court decision
Meanwhile, the FTC said that it is appealing against the ruling that essentially makes it easy for Microsoft to acquire video game company, Activision Blizzard.
“Notice is hereby given that Plaintiff Federal Trade Commission (“FTC”) appeals to the United States Court of Appeals for the Ninth Circuit from this Court’s Opinion dated July 10, 2023, and entered on the Court’s docket on July 11, 2023, at ECF Docket Number 305 denying the FTC’s request for a preliminary injunction pursuant to Federal Trade Commission Act § 13(b), 15 U.S.C. 53(b),” the FTC said in a notice.
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