Justice Elena Kagan declined to put a temporary injunction on the merger after a group of gamers filed an emergency application to stop the deal. The decision comes after a California court ruled in favor of Microsoft in a lawsuit filed by the Federal Trade Commission. Tuesday is also the final deadline for the merger, which will go into effect by midnight.
Judge Jacqueline Scott Corley in San Francisco issued a decision in favor of the Xbox developer's merger on June 11 after a five-day proceeding in which several high-ranking executives from the FTC, Microsoft, Sony, and Activision-Blizzard commented on the deal.The decision has also been under review by several other countries. The European Union ruled in favor of the merger, while the United Kingdom initially blocked it.