The decision comes one day after Judge Jacqueline Scott Corley, at the U.S. District Court for the Northern District of California, ruled in favor of the two companies.
CNBC reported earlier on Wednesday that FTC could bring the judge’s decision to the 9th Circuit appeals court.
On Wednesday Activision Blizzard CEO Bobby Kotick told CNBC’s Julia Boorstin, “I’d be surprised if they would waste taxpayer resources on something like that,” referring to an FTC appeal. Kotick said he didn’t think the appellate court would grant a stay.
The FTC declined to comment on its legal response to the judge’s decision. The agency is moving fast, as Microsoft is looking to close the acquisition by July 18.
Microsoft did not immediately respond to a request for comment.
The software maker is also busy trying to secure approval for the deal in the United Kingdom. Microsoft executive Brad Smith said the company and Activision Blizzard have agreed with the country’s Competition and Markets Authority that a stay of litigation would be beneficial.
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