Second, the FTC's claimed emergency is entirely of its own creation. Microsoft and Activision first notified the FTC of the merger on February 1, 2022. Op.19. The Commission filed an administrative complaint challenging the merger on December 8, 2022. Op.20. Breaking from its standard practice in merger cases, the FTC did not file a federal court complaint seeking a preliminary injunction at that time. On the contrary, it set its administrative hearing for August 2, 2023—after the merger agreement's termination date. Thus, the FTC acted for the better part of a year and a half as though this case was not an emergency necessitating federal court intervention. The parties and the Court face a time crunch because—and only because—"the FTC did not file this action to preliminarily enjoin the merger until June 12, 2023—less than six weeks before the termination date." Op.20.
I mean, can't really argue against this, Lol. It's an issue entirely created by the FTC. Microsoft spitting nothing but facts here.
Last edited by Ryuu96 - on 14 July 2023
