US judge rules Microsoft deal to buy Activision can go forward

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WASHINGTON (Reuters) -A U.S. judge ruled on Tuesday that Microsoft may go forward with its planned acquisition of videogame maker Activision Blizzard (NASDAQ:ATVI), turning aside antitrust enforcers’ request for a preliminary injunction to temporarily stop the $69 billion deal.

Shortly after the judge’s ruling, Britain’s Competition and Markets Authority, which had objected to the deal in April, said that it was prepared to consider Microsoft’s proposals to resolve antitrust concerns in the UK. Activision shares, already up about 5% after the US news, doubled and rose nearly 10%.

The U.S. court in San Francisco separately gave the Federal Trade Commission until July 14 to appeal the judge’s decision.

The FTC had originally asked the judge to stop the proposed deal, arguing it would give Microsoft Corp (NASDAQ:MSFT), maker of the Xbox gaming console, exclusive access to Activision games including the best-selling “Call of Duty.” The agency’s concern was that the deal would potentially preclude the availability of those videogames on other platforms.

In her opinion, Judge Jacqueline Scott Corley disagreed.

“The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony (NYSE:SONY) PlayStation, or that its ownership of Activision content will substantially lessen competition in the video game library subscription and cloud gaming markets,” she wrote.

FTC spokesperson Douglas Farrar said the antitrust regulator was “disappointed in this outcome given the clear threat this merger poses to open competition in cloud gaming, subscription services, and consoles. In the coming days we’ll be announcing our next step to continue our fight to preserve competition and protect consumers.”

Microsoft shares edged lower.

The deal would be the largest for Microsoft and the biggest in the history of the videogame business.

In its arguments, the FTC has said Microsoft would be able to use the Activision games to leave rival console makers like Nintendo and market-leader Sony Group out in the cold.

Microsoft President Brad Smith tweeted that the company was “grateful” for the “quick and thorough” decision.

“Our merger will benefit consumers and workers. It will enable competition rather than allow entrenched market leaders to continue to dominate our rapidly growing industry,” Bobby Kotick, Activision Blizzard CEO, said in a statement.

The FTC’s complaint had cited concerns about loss of competition in console gaming, as well as subscriptions and cloud gaming.

To address the FTC’s concerns, Microsoft agreed to license “Call of Duty” to rivals, including a 10-year contract with Nintendo, contingent on the merger closing. During the five-day trial in June, Microsoft CEO Satya Nadella argued the company would have no incentive to shut out Sony’s PlayStation or other rivals in order to sell more Microsoft Xbox consoles.

At issue in the Microsoft-Activision deal is leadership in a gaming market whose sales are expected to increase by 36% over the next four years to $321 billion, according to a PwC estimate. And while much of the testimony in the recent trial focused on “Call of Duty,” Activision produces other bestsellers like “World of Warcraft,” “Diablo” and the mobile game “Candy Crush Saga.”