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The Federal Trade Commission (FTC) has faced another setback in its efforts to block Microsoft’s acquisition of Activision Blizzard. This marks the second time that the FTC’s attempts to halt the deal have been denied. Initially, a US federal judge declined the FTC’s request for a preliminary injunction, allowing Microsoft to proceed with the acquisition until the conclusion of a separate FTC administrative case. Now, the Ninth Circuit Court of Appeals has denied the FTC’s request for emergency relief to prevent the deal from closing while the appeal is ongoing.

The denial of the request for emergency relief by the Ninth Circuit Court of Appeals is seen as a significant win for Microsoft. The company expressed its appreciation for the swift response from the court, stating that it brings them closer to the finish line in their global regulatory reviews. Brad Smith, vice chair and president of Microsoft, welcomed the decision, emphasizing the progress made towards finalizing the deal.

With this recent development, Microsoft is now able to proceed with closing the Activision Blizzard deal once the temporary restraining order, issued as part of Judge Corley’s order, expires. However, there is still a hurdle for Microsoft to overcome, as the deal has been blocked in the UK by the Competition and Markets Authority (CMA). The CMA raised concerns about competition in the emerging cloud gaming market and halted the deal earlier this year. The CMA and Microsoft have agreed to pause their legal battles to explore potential modifications to address the CMA’s concerns regarding cloud gaming.

The CMA indicated this week that Microsoft’s proposals may result in a new merger investigation, and discussions between the regulator and Microsoft are still in the early stages. In fact, the CMA has extended the investigation’s timeline, pushing the date for final undertakings or a final order from July 18th to August 29th. This extension aligns with the CMA’s warning that Microsoft’s proposed deal could face further scrutiny.

In response to the UK regulator’s actions, Bloomberg reported that Microsoft is considering selling UK cloud-gaming rights to a telecommunications, gaming, or internet company in order to clear the path for the Activision deal in the UK.

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