CAT
rejects CMA’s request to adjourn hearing of Microsoft's appeal against decision
to prohibit Microsoft/ Activision Blizzard merger
The
Competition Appeal Tribunal has dismissed a request by the Competition and
Markets Authority for the adjournment of the substantive hearing of the
application brought by Microsoft Corporation, for review of the CMA's final
report on the anticipated merger between Microsoft and Activision Blizzard Inc.
Following
a phase 2 investigation the CMA concluded that only the prohibition of the merger would
be an effective and proportionate remedy to address the competition concerns
identified.
The
CAT listed the substantive hearing to begin on 28 July 2023. The CAT considered that a delay to
October 2023, as requested by the CMA, would not appropriately reflect the need
for and public interest in the swift resolution of Microsoft's application. The CAT did not accept that the CMA's legal
team would not be able to prepare itself in time.
Case
No. 1590/4/12/23 Microsoft Corporation v Competition and Markets Authority: Ruling
on application for adjournment [2023] CAT 43
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