CMA Delays Its Final Order for the Microsoft-Activision Merger Due to “Special Reasons”

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After winning its case against the FTC in the US for its merger with Activision, Microsoft was quick to turn its attention towards the UK regulators. Microsoft and CMA decided to mutually pause the CAT Tribunal hearing scheduled for this month, the UK regulators have revealed that they have taken an extension on the final order till August 29.

Initially, the final order was due on July 18, which is the termination date of the acquisition, but it has been delayed to August 29. The CMA cites undisclosed “special reasons” that have caused them to make this decision. The regulators also say that they are working on resolving this as soon as possible, and in “advance of this date.”

Find the full update below:

The statutory period for the CMA either to accept final Undertakings or make a
final Order currently ends on 18 July 2023. The CMA considers that there is insufficient time remaining in the statutory period for full and proper consideration of Microsoft’s submission on the proposed Order. As such, the Inquiry Group considers that there are special reasons to extend by six weeks under section 41A(2) of the Act the period for the discharge of its duty under section 41(2) of the Act. The revised period will therefore end on 29 August 2023. However, the Inquiry Group aims to discharge its duty as soon as possible and in advance of this date.

Microsoft has reportedly been in talks with the CMA in order to get their approval of the deal and is working on offering some sort of small structural remedy that will appease the regulators. This is the reason why the CMA has agreed to pause the litigation for now and has taken an extension on its final report.

Currently, the termination date for the Microsoft-Activision merger stands at July 18, which is just in a couple of days. We will have to wait and see if they renegotiate to extend this date, or if they have another plan in mind.

Source: CMA

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