FTC filed their stay to the 9th Circuit last night.
#21 in FTC v. Microsoft Corporation (9th Cir., 23-15992) – CourtListener.com
"Based on the district court’s fundamental errors, the Commission has a strong likelihood of success on appeal. But without an injunction pausing the merger now, the deal will be consummated, irreversibly altering the status quo and irreparably harming the FTC’s ability to order effective relief should the deal be found unlawful."
"The FTC's appeal raises serious legal questions and has a fair prospect of success."
Action Needed By 11:59 on July 14, 2023
If the FTC didn't drag this out so long then they wouldn't have needed to put the Judges on such a short deadline, I hope the Judges ignore it, Lol. It's all just a delay game to the FTC. However, The Court can provide a temporary shorter TRO extension before deciding on a longer one so that is a possibility as well.
Usual conditions for granting a stay.
The court employs a balancing test in considering a motion for stay, including: (1) whether the movant is likely to succeed on the merits; (2) whether the movant has shown a likelihood of irreparable harm absent a stay; (3) whether the balance of equities tips in the movant's favor; and (4) the public interest.
Last edited by Ryuu96 - on 14 July 2023
