May 7 (Reuters) - A federal appeals court on Wednesday
rejected a legal challenge by the Federal Trade Commission to
Microsoft's ( MSFT ) $69 billion purchase of "Call of Duty"
maker Activision Blizzard.
The San Francisco-based 9th U.S. Circuit Court of Appeals
upheld a lower judge's order that said the FTC was not entitled
to a preliminary injunction blocking the deal, which closed in
2023.
A three-judge panel unanimously ruled that the lower judge
had applied the correct legal standards and said the FTC had not
shown it was likely to succeed on its claims that the merger
would restrict competition.
A spokesperson for the FTC declined to comment.
Microsoft ( MSFT ) did not immediately respond to a request for comment.
The decision came in an antitrust lawsuit filed by the
Federal Trade Commission in 2022 against Xbox maker Microsoft ( MSFT ).
The FTC, which enforces antitrust law, separately
challenged the merger in an internal administrative action. That
proceeding was placed on hold in 2023 during President Joe
Biden's administration, pending the 9th Circuit's decision.
The Activision Blizzard transaction marked the
largest-ever acquisition in the video gaming market. The deal
closed in late 2023 after competition authorities in the UK
approved it. The purchase also faced regulatory scrutiny in
other international markets.
The FTC's lawsuit sought an order freezing the
Activision transaction while the agency pursued its
administrative challenge.
The agency claimed the Microsoft-Activision tie-up would
allow the merged company to fend off competitors to the Xbox
console and to its subscription and cloud-based gaming business.
U.S. District Judge Jacqueline Scott Corley had
refused
to block the acquisition in July 2023, finding that the FTC
had not shown Microsoft's ( MSFT ) ownership of Activision would
"substantially lessen competition in the video game library
subscription and cloud gaming markets."
The FTC argued in
its appeal
that the court applied an overly stringent standard in
weighing whether to grant a preliminary injunction.