Ryuu96 said:
The motion for a preliminary injunction is therefore DENIED |
Looks like the fact that MS intends to keep Activision pretty much separate a la Zenimax have also played a role in this:
The FTC insists the difficulty in ordering post-acquisition divestiture is the public equity
that prevails. (Dkt. No. 291-2, FTC’s Findings and Conclusions at p. 194-195 ¶ 153.) But it does
not cite anything specific about this merger to support that assertion. It is a vertical acquisition.
Microsoft and Activision will act as parent and subsidiary. There is no planned dismantling of
operations, as in Warner. What exactly about the merger would make it difficult to order an
effective divestiture? The FTC does not say. Its argument, at bottom, is the equities always weigh
in favor of a preliminary injunction. But that argument ignores the law. So, the balance of
equities is a separate, independent reason the FTC’s motion must be denied.
