FTC going with the nuclear option because they think MS is going with the nuclear option
if they fail to get the preliminary injunction and FTC drops
I don't think the injunction affects the CMA case either, but if by chance it does since, we've already heard the judge's opinion on the matter, I'd almost think it as a negative. If the FTC was trying to influence the CAT, this is definitely not the way.
Fixed.
As much as I personally don't wish for it to happen, it's important to remember there's always the chance the FTC does get the preliminary injunction. It isn't a sure thing for it to fail.
To the extent the CAT was interested in the status of the case in the US, it's no longer relevant - i.e. to the question of the UK case trying for a compressed timeline or not, which the CAT's already decided on. So yeah I don't think they'll care about it.
What happens then in such a case? Not us based so learning this stuff as the trainride goes :D
They have to prove immediate harm. It's 100 percent going to fail.
The FTC saw Microsoft having some positive momentum after yesterday's showcase and said "Nah"
Abuse of process? The ability to file an injunction is there for a reason. lol
I mean even liberal SCOTUS judges are getting wary of these type of moves. There is regulating and then there is just playing games but with power behind it.
I'm no expert either but I would assume it would mean Microsoft is legally unable to close until the conclusion of the pending FTC administrative case.
Well yeah, anyone on this forum could technically file an injunction at any time ala "gamers lawsuit". Doesn't mean a judge will be happy with the filing though.
"We welcome the opportunity to present our case in federal court," Microsoft President Brad Smith said. "We believe accelerating the legal process in the U.S will ultimately bring more choice and competition to the market."
from:
FTC will try to block Microsoft's acquisition of Activision Blizzard
The FTC had already sued to block the $68.7 billion acquisition, choosing to bring the case before its internal administrative law judge.
www.cnbc.com
What the big question is, is why the hell would the FTC play this card when everything was currently going according to plan. Microsoft was forced into a decision of extend it or drop it, everything was scheduled to go through their Administrative Court, which rules in favour of them most of the time, and who they can override if they dont like their decision, and they had all the time in the world to delay delay delay.
So why would they play this card now and now not say closer to the completion of the UK's CAT? Or hell, even after CAT since it would be unlikely that CAT completely overturns everything instead of just sending it back to the CMA?
Why would the FTC pick this fight earlier than they had to? If it happens, Its incredibly suspect.
So why would they play this card now and now not say closer to the completion of the UK's CAT? Or hell, even after CAT since it would be unlikely that CAT completely overturns everything instead of just sending it back to the CMA?
Why would the FTC pick this fight earlier than they had to? If it happens, Its incredibly suspect.
There's a comment in the CNBC article, and yeah, it's basically that:
"Microsoft told CNBC it would welcome the injunction as it would bring the case before a federal judge faster."
edit - And DopeyFish has a better comment above ^
You say this, but they clearly think they have a chance or they wouldn't be attempting it.
Xbox showcase on the 11th, FTC showcase on the 12th and extended game show on the 13th. This is the best E3 ever.
Lina Kahn has a philosophy of trying even when failure is 100%. She doesn't want to be deterred and also basically show the FTC needs more powers.
If they do and that happens it's game over for the FTC. Lol
Which Microsoft would then own, which was the joke there lol
Like me trying out for varsity
OP
OP
FTC Will Seek to Keep Microsoft From Closing Activision Deal
The Federal Trade Commission plans to sue Microsoft Corp. in federal court Monday to block the company from closing its $69 billion acquisition of Activision Blizzard Inc, according to a person familiar with the matter.www.bloomberg.com
It also feels like ABK could be putting some pressure on MS to close suddenly in the US.
Lol, Smith giggling silently"We welcome the opportunity to present our case in federal court," Microsoft President Brad Smith said. "We believe accelerating the legal process in the U.S will ultimately bring more choice and competition to the market."
from:
FTC will try to block Microsoft's acquisition of Activision Blizzard
The FTC had already sued to block the $68.7 billion acquisition, choosing to bring the case before its internal administrative law judge.
I think you misunderstood the original poster you replied to, it wasn't the injunction or its process. It was the time period.
"We welcome the opportunity to present our case in federal court," Microsoft President Brad Smith said. "We believe accelerating the legal process in the U.S will ultimately bring more choice and competition to the market."
from:
FTC will try to block Microsoft's acquisition of Activision Blizzard
The FTC had already sued to block the $68.7 billion acquisition, choosing to bring the case before its internal administrative law judge.
Expected it, but cool to get confirmation.
I hope the injunction gets obliterated lol. Then would only be the CMA alone, and I have no doubt if they remain the sole jurisdiction blocking the deal, $MSFT will close over and be prepared to battle it for the next 10 years. xD
That's not accurate. They're doing it because it feels like they have to. History shows you why they're doing this, and how it goes for them when they do. They're a mere annoyance.
This looks like the FTC is panicked over MLex reports, and as a result, they want to file injunction as a delay tactic to prevent Microsoft from closing the deal in their current expiration date. It's also possible that they are not impressed by the CMA potentially not being able to stop the deal completely, so they'll take matters in their own hands to try to give points and moral victories for Lina Khan by "standing up to big tech". Overall, their operations are just very paranoid and I don't think they are acting professional. Even if they get their requested injunction, the court rulings are favorable to Microsoft's end.
So either MS is confident to close despite CMA or MS is throwing a hailmary before the last date of closure.
Entertaining either way.
What does that materially mean though?
Like...ABK saying, if you don't at least try to close, and the deal terminates, we'll use that as a 'at fault' thing to get money out of you? But don't they get their termination fee regardless of how the deal terminates in this case?
So the CMA might not be able to use "we're not the only regulator, even the parties home country, the US, is blocking it!"
Cant believe I forgot who Raven is with these days, shame on me xD
To be fair, the FTC thought they had a case too when they lost the last few times in court xD
Still don't see abuse of process. The process doesn't mandate them to file anything early, as long as it's done within the legal timeframe.
You're making assumptions without us yet knowing why they're taking this action when they are.
If Microsoft has actually signalled to them they're attempting to close, I'd be more inclined to agree with you.
In any case, I don't think there's grounds to state this is 100% going to fail. Highly likely to fail, sure. And this is what I've seen most experts state. But saying it's a 100% certainty is not what I've seen most experts express.
It's kind of like a rich person going to a food bank, it's not illegal, but it's clearly an abuse of what the system is supposed to be for.
Terrible comparison. It's more like, knowing you're going to block it from the start, but waiting until the last minute to do so, which is perfectly fine.
