Corley’s decision to issue the restraining order doesn’t weigh in on the merits of the FTC’s bid for a preliminary injunction, which was filed on Monday. It was to give the judge more time to consider the deal since it could close as early as Friday. A two day hearing on the commission’s motion for an injunction is scheduled for June 22. The judge ordered Microsoft not to follow through on the proposed acquisition until after the fifth business day she decides whether an injunction is necessary.
The FTC said that it was forced to sue in federal court because Microsoft and Activision indicated they could close the deal at any time without further notice before its legal challenge is resolved. It initiated in December an administrative proceeding, but that was brought before its in-house judge in a trial set to start Aug. 2. The
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