FTC’s 9th Circuit Emergency Motion Seeks ‘Temporary Pause’ on Microsoft/Activision by Midnight PDT Friday

Action is needed by 11:59 p.m. PDT Friday night on the FTC’s emergency motion before the 9th U.S. Circuit Court of Appeals for an injunction pending appeal blocking Microsoft from consummating its Activision Blizzard buy, said the agency’s motion late Thursday evening (docket 23-15992). Without 9th Circuit action on the emergency motion, Microsoft/Activision may close their deal anytime after 11:59 p.m. PDT Friday when the district court’s modified temporary restraining order expires, said the FTC.

Consummation of the proposed deal “would irreversibly alter the status quo and, if done before the merits of the FTC’s appeal are heard, would irreparably harm the FTC’s ability to order effective relief for the public should the deal prove to be in violation of the antitrust laws,” said the emergency motion. With that motion, the FTC seeks a “temporary pause on consummation of the deal” to give the 9th Circuit time “to consider whether the FTC’s appeal is meritorious and a preliminary injunction should issue,” it said.

Microsoft and Activision didn’t immediately comment. Their counsel told the FTC they plan to respond to the motion, said the FTC's filing.