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Microsoft Threatens To Walk Away From $70b Activision Blizzard Deal

SW by SW
June 25, 2023
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FILE PHOTO: Microsoft logo is seen on a smartphone placed on displayed Activision Blizzard logo in this illustration taken January 18, 2022. REUTERS/Dado Ruvic/Illustration
In Brief
  • The acquisition of videogame maker Activision Blizzard by Microsoft has encountered a new development as the deal faces delays.
  • Microsoft has issued a threat to abandon the $70 billion acquisition if a federal judge grants an injunction that would postpone the deal’s closure.
  • Federal Trade Commission (FTC) argued in federal court for a preliminary injunction to temporarily block Microsoft’s acquisition of Activision Blizzard.

The acquisition of videogame maker Activision Blizzard by Microsoft has encountered a new development as the deal faces delays. Microsoft has issued a threat to abandon the $70 billion acquisition if a federal judge grants an injunction that would postpone the deal’s closure.

The U.S. Federal Trade Commission (FTC) argued in federal court for a preliminary injunction to temporarily block Microsoft’s acquisition of Activision Blizzard. The FTC expressed concerns that the acquisition would grant Microsoft the power and incentive to harm competition in various markets.

In a surprising turn of events, reports emerged this week revealing that Warner Bros. Discovery is in talks with Netflix to sell some of its HBO library titles to the streaming platform. Should this deal proceed, popular shows like Game of Thrones could be available for streaming on Netflix.

Amidst a period of slowed growth and fierce competition, Alibaba has undergone an unexpected management shakeup, appointing a new Chairman and CEO. Joseph Tsai, Executive Vice Chairman and co-founder of Alibaba, will succeed long-time leader Daniel Zhang as Chairman of the board.

Microsoft’s lead lawyer, Beth Wilkinson, emphasized the significance of the ongoing legal proceedings, stating that the outcome would determine the fate of the deal. She warned that a loss could lead to a lengthy administrative ordeal that could potentially derail the transaction, which Microsoft aims to complete by July 18.

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The hearing in the U.S. District Court in San Francisco holds high stakes, as the FTC presents its case against Microsoft’s acquisition of Activision. The FTC argues that this merger, along with Activision’s popular games such as Call of Duty, would have dire consequences for the video game industry, enabling Microsoft to stifle competition.

FTC lawyer James Weingarten asserted that if the deal goes through, the combined company would likely have the ability and incentive to harm competition in various markets related to consoles, subscription services, and cloud gaming. The FTC seeks a judge’s intervention to prevent Microsoft and Activision Blizzard from finalizing their $69 billion merger until the agency’s internal court can rule on the matter and assess the potential impact on competition in the video game industry.

Weingarten further noted that Microsoft might choose to make Activision’s titles exclusive to the Xbox console or diminish their quality on competing systems in order to entice gamers to choose Xbox. He cited Microsoft’s acquisition of ZeniMax Media in 2020 for $7.5 billion, after which it declared some of those games as Xbox-exclusive.

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