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A U.S. federal appeals court will have a number of options available to it as it weighs that appeal, but legal professionals noted the rushed timing and the need to prove any alleged error by the district court judge merits overturning her decision could hinder the antitrust enforcer's effort.
The FTC could have sued Microsoft in December in federal court but instead filed a case at the agency's in-house forum, where an administrative law judge has no power to issue a preliminary injunction.
The appeals court "may be less than sympathetic with the argument it needs to hurry up and do something when the blame for the emergency lies entirely with the FTC," Ross said.
FTC Faces Uphill Battle in Microsoft/Activision Appeal | Reuters
Gareth Mills, a partner at law firm Charles Russell Speechlys, said the CMA was going to have to find a way through.
"They'll be trying to rush this through as expeditiously as possible," he said. "The matter of form is they can't reopen a decision they've already taken. But that is what they will be doing in all but name."
UK Extends Activision Deadline After Receiving Microsoft's 'Complex' Proposal | Reuters
The merger agreement between Microsoft and Activision Blizzard is due to expire on July 18, which would allow either company to walk away from the deal and triggering a $3bn break fee. However, after this week's legal victory in the US courts and a potential lifeline in the UK, people close to the companies say they are likely to agree an extension to the deal early next week. "Things are moving quite quickly," said one person close to the negotiations.
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