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Antitrust & Trade Reg.

Sep. 5, 2023

Gamers can depose Microsoft, Activision executives in antitrust action

A federal judge in San Francisco tentatively set a bench trial date of Feb. 5, 2024, notably much later than the self-imposed Oct. 18 deadline Microsoft and Activision have to consummate the deal. If that deadline is missed, either party can terminate the agreement, in which case Microsoft may have to pay Activision a $3 billion termination fee.

Gamers seeking to stop Microsoft Corp.’s acquisition of Activision Blizzard Inc. were granted permission Friday to depose Microsoft executives and Activision CEO Bobby Kotick, a long-sought goal by the private individuals’ attorneys in the antitrust case against the two companies’ merger.

U.S. District Judge Jacqueline Scott Corley, who also oversaw the Federal Trade Commission’s unsuccessful bid to enjoin the $69 billion merger, said in he...

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