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Microsoft is making plans to complete its $69 billion acquisition of Activision Blizzard — despite the Federal Trade Commission’s December move to block the deal over antitrust concerns, The Post has learned.

Microsoft is feeling optimistic about securing UK approval for its acquisition — which has has been attacked by FTC Chair Lina Khan as an unfair mega-merger that will stifle competition across the video-game sector — this week, according to sources close to the tech giant.

“They are going to cram this down the FTC’s throats,” a source close to the situation said.

If it gains European approvals, Microsoft’s plan is to quickly close its merger of the “Call of Duty” maker for $95 a share, the source said.

“The CMA has been the toughest regulator over the last several years with tech deals,” the source close to the situation said.

The FTC can still file for a temporary injunction from a US Federal court to stop the merger from closing but getting that ruling is far from a sure thing, a DC antitrust source not on either side of this case said.

“By law the FTC only needs to raise serious, doubtful questions about a merger to get an injunction,” the source said. “But as a practical matter the judge is evaluating the merits of the case.”

“If Microsoft makes a deal with the Brits and the European Union it can say that antitrust concerns are resolved, and if you’re a judge that’s not a helpful fact for the FTC.”

“The FTC will be out there alone and it will make it more difficult for it to get any decision approved by the court,” Penn University Professor and Anti-trust Expert Herbert Hovenkamp told The Post.

Khan was hoping to block this deal without ever having to win in court, sources said.

Last edited by Ryuu96 - on 25 April 2023