FTC sues to block Microsoft-Activision Blizzard $69B merger

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The FTC says the merger could suppress competitors to its Xbox game consoles and its growing games subscription business.

The Activision Blizzard Booth during the Electronic Entertainment Expo in Los Angeles, June 13, 2013. The Federal Trade Commission said Thursday, Dec. 8, 2022, that it is suing to block Microsoft’s planned $69 billion takeover of video game company Activision Blizzard, saying it could suppress competitors to its Xbox game consoles and its growing games subscription business.

“Microsoft has already shown that it can and will withhold content from its gaming rivals,” said a prepared statement from Holly Vedova, director of the FTC’s Bureau of Competition. “Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets.”

The FTC’s challenge -- which is being filed in an administrative court -- could be a test case for President Joe Biden’s mandate to scrutinize big tech mergers. “We continue to believe that this deal will expand competition and create more opportunities for gamers and game developers,” Smith said. The goal is to “not allow dodgy deals and not accept weak settlements,” said Kovacic, who was a Republican commissioner appointed in 2006 by then-President George W. Bush. But he said trying to block this acquisition could trigger a legal challenge from Microsoft that the company has a good chance of winning,

The deal is also under close scrutiny in the European Union and the United Kingdom, where investigations aren’t due to be completed until next year.

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