PUBLIC

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________

) 

In the Matter of ) 

) 

Microsoft Corp., ) 

 a corporation, and ) 

) Docket No. 9412 

Activision Blizzard, Inc., ) 

 a corporation, ) 

) 

Respondents. ) 

__________________________________________)

ORDER GRANTING RESPONDENTS’ MOTION FOR

SECOND REVISED SCHEDULING ORDER

I.

On June 26, 2023, Microsoft Corporation and Activision Blizzard, Inc. (“Respondents”) 

filed a Motion for Second Revised Scheduling Order (“Motion”). The scheduling order was first 

issued in this case on January 4, 2023 and later revised on May 12, 2023 at the joint request of 

the parties (collectively, “Scheduling Order”). Complaint Counsel filed an opposition to the 

Motion on June 28, 2023. For the reasons set forth below, the Motion is GRANTED. 

II.

Respondents state that the evidentiary hearing on the Federal Trade Commission’s action

for a preliminary injunction, pending before the United States District Court for the Northern 

District of California, commenced on June 22, 2023 and is scheduled to conclude on June 29, 

2023, and that the parties’ final Proposed Findings of Fact and Conclusions of Law must be filed 

by 5:00 p.m. on June 30, 2023. See Docket No. 1, Federal Trade Commission v. Microsoft 

Corporation et al., 3:23-cv-2880 (N.D. Cal.). Respondents note the numerous upcoming 

deadlines in the Scheduling Order and assert that it would be both inefficient and highly 

inconvenient to require the parties to meet the upcoming June 29, 2023 deadline for notice of 

intent to offer confidential materials in this matter – to which two other deadlines (motions and 

responses regarding in camera treatment of those materials) are tied – while simultaneously 

litigating the preliminary injunction case. Respondents further argue that these considerations 

also apply to non-parties, who remain engaged in responding to the parties’ ongoing notifications 

of intent to offer confidential materials in the district court hearing. Respondents assert that the 

requested revisions to the Scheduling Order would not delay any other deadlines in this 

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administrative matter, nor would it affect the commencement of the evidentiary hearing currently 

scheduled for August 2, 2023. 

Complaint Counsel asserts that Respondents’ proposed Second Revised Scheduling 

Order 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. Complaint Counsel argues that this significant compression of the pretrial schedule is unwarranted. 

III.

The proposed extensions will not delay any other deadlines. Motions in limine rarely 

have merit in a bench trial and are highly disfavored. In the event there is not sufficient time to 

rule on motions for in camera treatment in advance of the hearing, provisional in camera

treatment may be granted so as not to delay the evidentiary hearing. 16 C.F.R. § 3.45(g). In 

consideration of the burden on the non-parties, good cause exists to amend the schedule set forth 

in the Scheduling Order. The Scheduling Order is hereby revised as follows: 

July 14, 2023 - Parties that intend to offer confidential materials of an opposing 

party or non-party as evidence at the hearing must provide notice 

to the opposing party or non-party, pursuant to 16 C.F.R. 

§ 3.45(b).0F

1 See Additional Provision 17. 

July 14, 2023 - Complaint Counsel files pretrial brief supported by legal authority. 

July 24, 2023 - Deadline for filing motions for in camera treatment of proposed 

trial exhibits.

July 24, 2023 - Deadline for filing motions in limine to preclude admission 

 of evidence. See Additional Provision 18. 

July 26, 2023 - Exchange proposed stipulations of law, facts, and authenticity. 

July 27, 2023 - Exchange and serve courtesy copy on ALJ objections to final 

proposed witness lists and exhibit lists. The Parties are directed to 

review the Commission’s Rules on admissibility of evidence 

before filing objections to exhibits and raise only objections that 

are necessary and valid. 

1 Appendix A to Commission Rule 3.31, the Standard Protective Order, states that if a party or third party wishes in 

camera treatment for a document or transcript that a party intends to introduce into evidence, that party or third 

party shall file an appropriate motion with the Administrative Law Judge within 5 days after it receives notice of a 

party’s intent to introduce such material. Commission Rule 3.45(b) states that parties who seek to use material 

obtained from a third party subject to confidentiality restrictions must demonstrate that the third party has been 

given at least 10 days’ notice of the proposed use of such material. To resolve this apparent conflict, the Scheduling 

Order requires that the parties provide 10 days’ notice to the opposing party or third parties to allow for the filing of 

motions for in camera treatment. 

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July 27, 2023 - Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

July 27, 2023 - Deadline for filing responses to motions in limine to preclude 

admission of evidence.

July 28, 2023 - Respondents’ Counsel files pretrial brief supported by legal 

authority. 

August 1, 2023 - Final prehearing conference to begin at 1:00 p.m. ET.

The parties shall meet and confer prior to the prehearing 

conference regarding trial logistics and proposed stipulations of 

law, facts, and authenticity of exhibits. To the extent the parties 

have agreed to stipulate to any issues of law, facts, and/or 

authenticity of exhibits, the parties shall prepare a list of such 

stipulations and submit a copy of the stipulations to the ALJ one 

business day prior to the final prehearing conference. At the 

conference, the parties’ list of stipulations shall be marked as 

“JX1” and signed by each party, and the list shall be offered into 

evidence as a joint exhibit. No signature by the ALJ is required. 

Any subsequent stipulations may be offered as agreed by the 

parties.

Counsel may present any objections to the final proposed witness 

lists and exhibits. All trial exhibits will be admitted or excluded to 

the extent practicable. To the extent the parties agree to the 

admission of each other’s exhibits, the parties shall prepare a list 

identifying each exhibit to which admissibility is agreed, marked 

as “JX2” and signed by each party, which list shall be offered into 

evidence as a joint exhibit. No signature by the ALJ is required. 

August 2, 2023 - Commencement of Hearing, to begin at 10:00 a.m. ET. 

All other Additional Provisions in the Scheduling Order remain in place.

ORDERED: 

 D. Michael Chappell

 Chief Administrative Law Judge 

Date: June 29, 2023 

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