Artist's conception of the FTC and Microsoft fighting over this deal in the courts.
The FTC has given legal notice that it intends to appeal a recent district court decision that denied a temporary injunction in Microsoft's proposed merger with Activision.
The appeal notice, filed with the Ninth Circuit Court of Appeals late Wednesday, is a rare move for the FTC in cases like this. The FTC is facing down District Court Judge Jacqueline Scott Corley's finding that the regulator "has not shown a likelihood it will prevail on its claim this particular vertical merger in this specific industry may substantially lessen competition."
An appeal would have to convince a circuit court judge of some key unconsidered area of fact or law to overturn that decision, which could be a high bar in this case. Still, the appeal filing itself shows that the FTC is not willing to give up easily in this high-profile case.
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