FTC Loses Bid to Block Microsoft-Activision Merger — What Litigators Should Learn About Proving Competitive Harm

In a high-profile showdown, the FTC tried and failed to stop Microsoft’s $68.7 billion acquisition of Activision Blizzard. Despite throwing §7 of the Clayton Act into the ring, the agency couldn't convince the courts that the merger would significantly lessen competition in console, subscription, or cloud gaming markets. Why? The evidence just didn’t stack. Microsoft's multi-platform agreements and history with Minecraft undercut exclusivity fears, and the FTC’s expert testimony lacked the kind of quantitative rigor courts expect.

For litigators in complex competition cases, this ruling is a masterclass in how not to frame market foreclosure theories. Our litigation support team specializes in helping trial teams avoid exactly this kind of evidentiary misfire—whether you're building your next antitrust motion or stress-testing expert reports.