PUBLIC

1 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter

Alvaro M. Bedoya 

Docket No. 9412 

COMPLAINT COUNSEL’S MEMORANDUM OPPOSING RESPONDENTS’ MOTION 

TO MODIFY ORDER SETTING HEARING DATE

Complaint Counsel hereby submits under Rule 3.22 its opposition to Respondents’ 

Motion to Modify Order Setting Hearing Date, filed on November 16, 2023 (“Motion”). Good 

cause does not presently exist to change the hearing date set in the Commission’s Order 

Returning Matter to Adjudication, issued on September 26, 2023. 16 C.F.R. § 3.41. 

Respondents’ sole concern involves a hypothetical timeline that could potentially create a 

scheduling conflict for Microsoft’s lead counsel. At this time, it is unclear whether or not there 

will be a conflict, and if so, the degree of the potential conflict. Therefore, the Commission 

should deny Respondents’ Motion as unripe. 

First, Respondents speculate that the Ninth Circuit may issue its decision—and start the 

21-day clock—before the conclusion of the trial in In re National Football League’s “Sunday

In the Matter of

Microsoft Corp.

a corporation; 

and 

Activision Blizzard, Inc.,

a corporation. 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/27/2023 OSCAR NO 609013 | PAGE Page 1 of 5 * -PUBLIC 
PUBLIC

2 

Ticket” Antitrust Litigation, No. 2:15-ml-02668-PSG (C.D. Cal.) (hereinafter “NFL’s Sunday 

Ticket”). As an initial matter, there will be a conflict between NFL’s Sunday Ticket and the 

administrative hearing only if the Ninth Circuit issues its decision and the NFL’s Sunday Ticket

trial does not conclude within the subsequent 21 days. Given that Respondents estimate that the 

trial in NFL’s Sunday Ticket may take six weeks in total (42 days), Mot. at 2, Respondents are 

relying on a remote possibility as the basis to modify the Commission’s September 26 order. 

Moreover, Respondents’ Motion does not address the likelihood of the NFL’s Sunday Ticket 

conflict resolving due to settlement, as often happens in class action litigation. At bottom, there 

is significant uncertainty about both when the Ninth Circuit will issue its opinion and the length 

of the NFL’s Sunday Ticket trial. Mot. at 2. The uncertainty surrounding either event may render 

Respondents’ hypothetical scheduling conflict moot, making a Commission decision on this

unripe issue unnecessary at this time. 

 Second, Respondents can renew their request if and when a scheduling conflict actually 

appears imminent—i.e., following the Ninth Circuit’s decision. Respondents’ argument that the 

May 6, 2024 date enhances certainty in the litigation misses the point. Mot. at 2. The 

Commission can give certainty by selecting a hearing date when it has the necessary information 

about contingent future events. Waiting for the potential conflict to ripen—or for future events 

to preclude the conflict altogether—carries little to no hardship for Respondents. 

In fact, the opposite is true. As the Commission stated in the Order Returning Matter to 

Adjudication, the public interest “warrants that this matter be resolved fully and expeditiously.” 

If the trial date is moved now, and Respondents’ hypothetical timeline does not occur because 

(for example) the NFL’s Sunday Ticket trial does not go forward, then this proceeding would be 

unnecessarily delayed, harming the public interest. Moreover, Microsoft and Activision have 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/27/2023 OSCAR NO 609013 | PAGE Page 2 of 5 * -PUBLIC 
PUBLIC

3 

consummated their transaction and begun integrating Activision’s assets. Microsoft’s refusal to 

hold separate Activision’s assets makes an expeditious hearing even more important to ensure the 

Commission can order effective relief if necessary. 

 For these reasons, the Commission should deny Respondents’ Motion. 

Dated: November 27, 2023 Respectfully submitted,

s/ James H. Weingarten 

James H. Weingarten

Edmund Saw 

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580 

Telephone: (202) 326-3570 

Email: jweingarten@ftc.gov 

Counsel Supporting the Complaint 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/27/2023 OSCAR NO 609013 | PAGE Page 3 of 5 * -PUBLIC 
PUBLIC

I hereby certify that on November 27, 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 a copy of the foregoing to be served electronically on:

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

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/27/2023 OSCAR NO 609013 | PAGE Page 4 of 5 * -PUBLIC 
PUBLIC

Counsel for Microsoft Corporation Counsel for Activision Blizzard, Inc. 

s/ James H. Weingarten 

James H. Weingarten

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580 

Telephone: (202) 326-3570 

Email: jweingarten@ftc.gov 

Counsel Supporting the Complaint 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/27/2023 OSCAR NO 609013 | PAGE Page 5 of 5 * -PUBLIC