PUBLIC

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter

Alvaro M. Bedoya

 DOCKET NO. 9412 

ORDER RETURNING MATTER TO ADJUDICATION

On December 8, 2022, the Commission issued an administrative complaint seeking to 

block the acquisition of Activision Blizzard, Inc. by Microsoft Corp. On June 12, 2023, 

Commission staff filed a Complaint in the United States District Court for the Northern District 

of California seeking to enjoin the transaction pending completion of the administrative 

proceeding. The district court held an evidentiary hearing and, on July 10, 2023, denied the 

request for preliminary injunction. FTC v. Microsoft Corp., 2023 WL 4443412 (N.D. Cal. July 

10, 2023). On July 12, 2023, the Commission noticed an appeal of the district court’s decision, 

and briefing on the appeal is nearly complete. 

On July 18, 2023, Respondents in the administrative proceeding filed a Motion to 

Withdraw This Proceeding from Adjudication. Pursuant to Rule 3.26(c) of the Commission 

Rules of Practice, 16 C.F.R. § 3.26(c) (2022), the matter was withdrawn from adjudication, and 

all proceedings before the Administrative Law Judge were stayed. See Order Withdrawing 

Matter from Adjudication Pursuant to Rule 3.26(c) of the Commission Rules of Practice (July 

20, 2023). The Order was issued before the evidentiary hearing before the Administrative Law 

Judge was scheduled to begin on August 2, 2023. 

The Commission has determined that the public interest warrants that this matter be 

resolved fully and expeditiously. Therefore, the Commission is returning this matter to 

adjudication. 

In the Matter of

Microsoft Corp., 

 a corporation, 

and 

Activision Blizzard, Inc.,

 a corporation. 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/26/2023 OSCAR NO 608644 | PAGE Page 1 of 2 * -PUBLIC 
PUBLIC

The evidentiary hearing in this proceeding shall commence twenty one days after the 

United States Court of Appeals for the Ninth Circuit issues its opinion regarding the appeal of 

the district court decision on the requested preliminary injunction. Chief Administrative Law 

Judge D. Michael Chappell has determined that the evidentiary hearing will be conducted 

virtually. Pursuant to Commission Rule 3.41(a), 16 C.F.R. § 3.41(a), we have determined to 

make provision for appropriate public access. 

 Accordingly, 

IT IS HEREBY ORDERED THAT this matter be returned to adjudicative status and 

the stay in this proceeding be lifted; 

IT IS FURTHER ORDERED THAT the evidentiary hearing in this proceeding is 

hereby rescheduled to commence twenty one days after the issuance of the Ninth Circuit’s 

opinion on the Commission’s appeal of the district court decision in Federal Trade Commission 

v. Microsoft Corp.; and

IT IS FURTHER ORDERED THAT public access to the evidentiary hearing in this 

proceeding, to the extent consistent with the protection of confidential information and for 

monitoring purposes only, will be provided via telephone or live web streaming. 

 By the Commission. 

 April J. Tabor 

Secretary

SEAL:

ISSUED: 9/26/2023

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/26/2023 OSCAR NO 608644 | PAGE Page 2 of 2 * -PUBLIC