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 JOINT MOTION FOR

THIRD REVISED SCHEDULING ORDER

I.

On December 14, 2023, Complaint Counsel and Respondents Microsoft Corporation and 

Activision Blizzard, Inc. (“Respondents”) filed a Motion for Third Revised Scheduling Order 

(“Joint Motion”). The scheduling order was first issued in this case on January 4, 2023 and later 

revised on May 12, 2023 and June 29, 2023 (collectively, “Scheduling Order”). For the reasons 

set forth below, the Joint Motion is GRANTED.

II.

On September 26, 2023, the Commission issued an order returning this matter to adjudication 

and setting the hearing to commence twenty-one days after the United States Court of Appeals for 

the Ninth Circuit rules on Complaint Counsel’s appeal from the United States District Court for the 

Northern District of California’s ruling denying a preliminary injunction. See Order Returning 

Matter to Adjudication, In re Microsoft Corp. & Activision Blizzard, Inc., No. 9412 (Sept. 26, 

2023). On October 26, this Court reopened limited fact discovery for eight weeks after entry of the 

order, ending on December 21, 2023. In re Microsoft Corp. & Activision Blizzard, Inc., No. 9412 

(Oct. 26, 2023). On November 20, 2023, Respondents filed before the Commission a Motion to 

Modify Order Setting Hearing Date, seeking to set the evidentiary hearing for May 6, 2024, or 21 

days from the Ninth Circuit’s decision on Complaint Counsel’s appeal, whichever comes later. 

In their Joint Motion, the parties state that because the motion to modify the hearing date 

is pending before the Commission, setting certain scheduling deadlines now would avoid 

uncertainty and potential prejudice. 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 12/15/2023 OSCAR NO. 609166 -PAGE Page 1 of 3 * PUBLIC * 
PUBLIC

2 

III.

Good cause exists to amend the schedule set forth in the Scheduling Order. Accordingly, 

the Joint Motion is GRANTED, with slight modifications to the proposed schedule. The 

Scheduling Order is hereby revised as follows: 

December 21, 2023 - Close of Supplemental Discovery. See October 26, 2023 Order 

reopening limited discovery. 

January 12, 2024 - Deadline for both parties’ Supplemental Exhibits, limited to 

documents produced in supplemental discovery or admitted as 

exhibits in FTC v. Microsoft Corp., 3:23-cv-2880 (N.D. Cal.). 

January 19, 2024 - Parties that intend to offer confidential materials of an opposing 

party as evidence at the hearing must provide renewed notice to the 

opposing party, pursuant to 16 C.F.R.§ 3.45(b), as well as a copy 

of this Scheduling Order. 

January 26, 2024 - 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.

January 29, 2024 - Parties that intend to offer confidential materials of a non-party as 

evidence at the hearing must provide renewed notice to the nonparty, pursuant to 16 C.F.R. § 3.45(b), as well as a copy of this 

Scheduling Order. 

February 2, 2024 - Deadline for filing motions in limine to preclude admission of 

evidence. 

February 12, 2024 - Deadline for filing responses to motions in limine to preclude 

admission of evidence. 

1 week after the - Deadline for filing motions for in camera treatment of proposed 

issuance of the Ninth trial exhibits.

Circuit’s opinion on 

the Commission’s 

appeal of the district 

court decision in FTC 

v. Microsoft Corp. 

4 business days - Deadline for filing responses to motions for in camera treatment. 

after the deadline for 

filing motions for in 

camera treatment 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 12/15/2023 OSCAR NO. 609166 -PAGE Page 2 of 3 * PUBLIC * 
PUBLIC

3 

2 weeks after the - Respondents file pretrial briefs supported by legal 

issuance of the Ninth authority. 

Circuit’s opinion on 

the Commission’s 

appeal of the district court 

decision in FTC v. 

Microsoft Corp. 

2 weeks after the - Exchange proposed stipulations of law, facts, and authenticity. 

issuance of the Ninth 

Circuit’s opinion on 

the Commission’s 

appeal of the district 

court decision in FTC 

v. Microsoft Corp.

1 day before - Final prehearing conference to begin at 1:00 p.m. ET. 

commencement 

of the evidentiary 

hearing

By Order of the - Commencement of Hearing, to begin at 10:00 a.m. ET. 

Commission, 21 

days after the 

issuance of the Ninth 

Circuit’s opinion on 

the Commission’s 

appeal of the district 

court decision in FTC 

v. Microsoft Corp.

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

ORDERED: 

 D. Michael Chappell

 Chief Administrative Law Judge 

Date: December 15, 2023 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 12/15/2023 OSCAR NO. 609166 -PAGE Page 3 of 3 * PUBLIC *