Microsoft and Activision Blizzard have filed a motion urging the FTC to stop trying to block their proposed merger.
As spotted by Reuters, the motion essentially implores the FTC to throw in the towel after the U.S. regulator lost its court battle with Microsoft, clearing the way for the Xbox maker to proceed with its $68.7 billion acquisition of Activision Blizzard.
Despite losing in court after failing to convince a judge the deal will harm consumers, the FTC is still attempting to block the merger and has scheduled an evidentiary hearing on August 2 so it can present the case before an FTC administrative law judge.
The FTC also submitted a request for emergency relief to the Ninth Circuit Court of Appeals but was ultimately denied, while a separate request for a preliminary injunction that would’ve blocked the deal until its evidentiary hearing had taken place was also rebuffed.
Microsoft and Activision Blizzard want the FTC to call it quits
After failing on those fronts, Microsoft and Activision now want the FTC to halt its legal proceedings and suggest that doing so is in the “public interest.”
“Withdrawal would advance the public interest and the core purpose of Rule 3.26(c). After a five-day evidentiary hearing, the district court found that the FTC is unlikely to succeed on any of the theories of competitive harm advanced in its Complaint for multiple, independently sufficient reasons,” reads the motion, shared on the FTC website.
Microsoft also claims the fact that it recently signed a binding deal with Sony to keep Call of Duty on PlayStation for the next decade is another reason for the FTC to drop the case, noting that the Japanese company was the “principal complainant against the transaction.”
The Xbox maker yesterday extended its merger deadline until October 18, 2023, so it can deal with any remaining regulatory issues. “We will honor all commitments agreed upon with the EC and other regulators and continue to work with the Competition and Markets Authority (CMA) on the issues raised in the UK,” said Microsoft president Brad Smith in a statement. “We are confident about our prospects for getting this deal across the finish line.”