Xbox |OT|

[Ryuu96]

So there are two choices they present her with here:

1 - Stay her own order pending the outcome of the appeal

or, alternatively

2 - Stay her own order more temporarily pending the Ninth Circuit's decision on the FTC's request for a stay

— Michael Acton (@MActon93) July 13, 2023

There's a summary of their arguments for why they think she got it wrong:

1 - Applied wrong legal standard - too high a bar.

Held FTC "to the standard applicable to a full trial on the merits of a vertical merger."

— Michael Acton (@MActon93) July 13, 2023

3 - Placed too much emphasis on the remedies MS offered (those side deals with Nintendo, etc)

— Michael Acton (@MActon93) July 13, 2023

5 - Ignored foreclosure incentives for which there was evidence

— Michael Acton (@MActon93) July 13, 2023