The report from MLex about the pre-hearing has a few interesting bits of info that are new:
- Any potential remedy entered into with the EC and CMA will also be offered to the FTC: "The deal is undergoing review over in Europe and the UK and we are hoping that they will be resolved and if there are remedies that are appropriate we can come back to ... the FTC to talk about a resolution," said Beth Wilkinson (MS' lead counsel).
- James Weingarten, deputy chief trial counsel at the FTC, said that staff (he clarified that when he used the word "staff" he meant himself) is always open to a remedy or settlement proposal during or before litigation, although "There are no substantive conversations happening at this time."
- MS/ABK and the FTC agreed to an expedited discovery schedule (so they can start requesting and inspecting documents in a shortened time period).
- Beth Wilkinson told Chappell (the administrative judge) that if a resolution isn't reached with the FTC, the deal will go forward and close after a remedy is reached in all pending jurisdictions. But that the companies assume the FTC would go to federal court in that case.
- She also said that's why they wanted to front-load the discovery, just in case the FTC went to federal court because MS/ABK have a termination date of July 18, 2023. "We are preparing for all options", said Wilkinson.
MS sounds quite confident:
- They are still expecting to close the deal in the original termination date
- They sound positive about the review process in Europe and UK
- If they get the go ahead from the CMA and EC, and the FTC doesn't settle, they'll go forward and close the deal in the US (expecting the FTC to go to court)
Very interesting! Now let's see what the CMA brings to the table this month.
Nice, Microsoft will attempt to close the deal if they get approval from everyone except the FTC.
So they'll be calling FTC's bluff if they don't accept anything, either sue to block us or shut up.
Last edited by Ryuu96 - on 04 January 2023
