UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

Microsoft Corp.

a corporation; Docket No. 9412 

and 

Activision Blizzard, Inc.,

a corporation. 

COMPLAINT COUNSEL’S MEMORANDUM IN OPPOSITION TO RESPONDENTS’ 

MOTION FOR SECOND REVISED SCHEDULING ORDER

Complaint Counsel hereby submits under Rule 3.221 its opposition to Respondents’ 

Motion for Second Revised Scheduling Order, filed on June 26, 2023 (“the Motion”). Good 

cause does not exist to further revise the deadlines in the Court’s First Revised Scheduling Order. 

Respondents’ proposed Second Revised Scheduling Order, if adopted, would unduly constrict 

this Court’s window to consider and rule upon motions for in camera treatment of confidential 

material and motions in limine in advance of the hearing in this matter on August 2, 2023. 

As Respondents note in the Motion, the parallel federal court proceeding in this matter 

(“the PI hearing”) concludes on June 29, 2023, with proposed Findings of Fact and Conclusions 

of Law due the following day. Motion at 1–2. Accordingly, the only deadline in the Court’s First 

Revised Scheduling Order that overlaps with the PI hearing is the June 29, 2023 deadline for 

1 Citations to “Rules” refer to the Commission’s Rules of Practice for Adjudicative Proceedings, 16 C.F.R. § 1 et 

seq.

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parties that intend to offer confidential materials of an opposing party or non-party as evidence at 

the hearing to provide notice to the opposing party or non-party pursuant to 16 C.F.R. § 3.45. 

See Order Granting Joint Motion for First Revised Scheduling Order at 3.

Contrary to Respondents’ claim that this deadline—which binds only Complaint Counsel 

and Respondents—is “inefficient and highly inconvenient,” Motion at 2, Complaint Counsel 

anticipates no difficulty meeting its obligations under the First Revised Scheduling Order. 

Indeed, Complaint Counsel has already sent the required notice to several affected non-parties. 

Accordingly, Respondents have not shown that good cause exists for a second delay in the prehearing deadlines. Instead, Respondents have delayed in bringing this motion. The first 

Scheduling Order in this matter was filed on January 2, 2023, and Respondents have known 

about the PI hearing scheduling for almost two weeks, since June 14, 2023. 

The deadlines in Respondents’ proposed Second Revised Scheduling Order severely limit 

the time reserved to the Court to consider and rule upon motions seeking in camera treatment of 

confidential material. Under the First Revised Scheduling Order, responses to motions for in 

camera treatment are due on July 17, 2023, more than two weeks before the start of the 

evidentiary hearing and more than two weeks after the end of the PI hearing. Order Granting 

Joint Motion for First Revised Scheduling Order at 3; Motion at 1–2. Under Respondents’ 

Second Revised Scheduling Order, by contrast, such responses would be due on July 27, leaving 

the Court just five days to consider and rule on them before the start of the evidentiary hearing. 

Given the large volume of confidential material in this case,2

 the amount of time called for in the 

Second Revised Scheduling Order is insufficient. The timelines for motions in limine are 

similarly unnecessarily shortened. Under the Second Revised Scheduling Order, Respondents 

2 Complaint Counsel’s Final Proposed Exhibit List listed more than 2,600 exhibits, most of which were marked as 

confidential by Respondents and non-parties.

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give the Court only five days to rule on motions in limine, from an original deadline of two 

weeks. This significant compression of the pre-trial schedule is unwarranted. See Rule 

3.21(c)(2). 

 For these reasons, the Court should deny the Motion. 

Dated: June 28, 2023 Respectfully submitted,

By: s/ James Weingarten 

James Weingarten

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580 

Telephone: (202) 326-3570

Email: jweingarten@ftc.gov 

Counsel Supporting the Complaint 

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I hereby certify that on June 28, 2023, I filed the foregoing document electronically using the 

FTC’s E-Filing System, which will send notification of such filing to: 

April Tabor

 Secretary

Federal Trade Commission

 600 Pennsylvania Ave., NW, Rm. H-113

 Washington, DC 20580 

 ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

 Administrative Law Judge 

 Federal Trade Commission

 600 Pennsylvania Ave., NW, Rm. H-110

 Washington, DC 20580 

I also certify that I caused the foregoing document to be served via email to: 

Beth Wilkinson

Rakesh Kilaru

Alysha Bohanon 

Anastasia Pastan

Grace Hill

Sarah Neuman

Kieran Gostin

Wilkinson Stekloff LLP

2001 M Street, NW 

Washington, DC 20036 

(202) 847-4010 

bwilkinson@wilkinsonstekloff.com 

rkilaru@wilkinsonstekloff.com 

abohanon@wilkinsonstekloff.com 

apastan@wilkinsonstekloff.com 

ghill@wilkinsonstekloff.com 

sneuman@wilkinsonstekloff.com 

kgostin@wilkinsonstekloff.com 

Mike Moiseyev

Megan Granger

Weil, Gotshal & Manges LLP

2001 M Street, NW 

Washington, DC 20036 

(202) 682-7235 

michael.moiseyev@weil.com 

megan.granger@weil.com 

Steven Sunshine

Julia K. York

Jessica R. Watters

Skadden, Arps, Slate, Meagher & Flom LLP 

1440 New York Ave, NW 

Washington, DC 20005 

(202) 371-7860 

steve.sunshine@skadden.com 

julia.york@skadden.com 

jessica.watters@skadden.com

Maria Raptis

Matthew M. Martino 

Michael Sheerin

Evan R. Kreiner 

Andrew D. Kabbes 

Bradley J. Pierson

Skadden, Arps, Slate, Meagher & Flom LLP 

One Manhattan West 

New York, NY 10001 

(212) 735-2425 

maria.raptis@skadden.com 

matthew.martino@skadden.com 

michael.sheerin@skadden.com 

evan.kreiner@skadden.com 

andrew.kabbes@skadden.com 

bradley.pierson@skadden.com

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CERTIFICATE OF SERVICE 
Counsel for Microsoft Corporation Counsel for Activision Blizzard, Inc. 

By: s/ James Weingarten 

 James Weingarten

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580 

Telephone: (202) 326-3570

Email: jweingarten@ftc.gov 

 Counsel Supporting the Complaint

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