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The FTC can appeal within a few days, and everything indicates that this will be the case
The FTC’s appeal in the lawsuit against Microsoft seems more than likely. The deadline for the purchase agreement between Activision and Microsoft ends on July 18. With Judge Corley’s verdict still to be confirmed, it is more than likely that the FTC ends up appealing to the court with the aim of extending this process even further. The objective for them is clear: Combat the supposed “Microsoft monopoly” when it comes to merging with Activision.
It is interesting to analyze from a journalistic point of view the reasons that have led an authority that is supposed to be neutral, to take advantage so obviously in a trial of such caliber as that of Microsoft and the FTC itself. After the events we saw during the hearing, which It extended from June 22 to June 30 2023, the FTC was very touched.
The FTC’s appeal in the trial against Microsoft seems increasingly closer after the events that occurred at the hearing and the proximity of the final closing date of the Activision purchase agreement
If Judge Corley wanted to, she could give the FTC short shrift, giving us a short and concise ruling, discussing cloud theory and the whole console thing. However, the case has been so important and has escalated to such magnitude, that surely the thing will not stop there, and the FTC will not give in, as reported by journalist Florian Mueller via Twitter.
That is why if one of the two main actors involved in the process decides to appeal, it will almost certainly be the FTC. It is also worth noting that it was both Microsoft and Activision who wanted to ensure that the FTC presented its arguments well before the judge. That is why 5 instead of 2 hearing days were requested..
Furthermore, the FTC’s position was greatly affected by not being able to address any relevant issue that would put both Phil Spencer, head of Xbox, and Satya Nadella, CEO of Microsoft, on the ropes. With what we saw a couple of days ago, it is most likely that the FTC does not give in and we will see a possible appeal more than soon.
