Supreme Court Denies Gamers’ Last Ditch Effort To Block Microsoft’s Activision Acquisition

Ten self-proclaimed gamers filed for an emergency injunction in an attempt to stop Microsoft from buying Activision-Blizzard, but were rejected by the Ninth Circuit of Appeals, and now have also been turned down by the Supreme Court. While the plaintiffs involved in the so-called Gamer’s Suit were unlikely to succeed where even the FTC failed, there is now one less obstacle for Microsoft in buying Activision-Blizzard.

The gamers originally filed a request with the federal Ninth Circuit Court of Appeals for an injunction to stop the acquisition, and after it was turned down, appealed the decision with the Supreme Court, Variety reports. Supreme Court Justice Elena Kagan denied the motion without explanation.

The basis for the Gamers Suit is that the plaintiffs, as consumers, would suffer “threatened loss or damage” from the merger, which they claim would “substantially lessen competition” in the gaming market.

The Federal Trade Commission also lost its case against Microsoft, with a district judge refusing to grant an injuction to temporarily halt the deal from going through. The FTC’s antitrust suit will still go ahead in August, though it seems likely to fail now that Sony has agreed to a deal that will guarantee Call of Duty on PlayStation for the next ten years.

Now, Microsoft’s main obstacle is the block put in place by the UK’s CMA. Both parties recently agreed to a pause in litigation to negotiate a potential divestment, while Microsoft is also having to negotiate a deadline extension with Activision Blizzard.