With a Monday decision I’m guessing if it’s in MS’ favour they will most likely close, unless all that charade from Bobby about deal falling through was just that, a charade, although under oath I’m guessing he had to be telling the truth (at least at the time, guessing anything can change between his interrogation and now).
Any way you look at it this will be down to the wire if they do indeed close without the CMA’s approval. I’m guessing they’ve got everything ready to go in order to consummate and are just waiting for the final decision on that PI and those 5 days to move ahead.
If the PI is denied MS is closing. So the deal will effectively be “done” as they have signaled that they will do what they need to elsewhere.
That doesn’t mean it is over. The FTC can appeal. They can also continue to pursue blocking the deal.
If they were wise they would drop it because if you cant present a case to get a PI your chances of presenting a case worthy of stopping it altogether aren’t promising.
Regardless, even if MS closes this could carry on for a long time. You will just get the benefits of it in the short term. If somehow in the long term the FTC continues to pursue it and wins. They will have to unwind the transaction. This is something MS addressed in the PI hearings. Activisiion Blizzard is going to remain a separate entity, so unwinding should the need arise should be straight forward.
I’m reading that decision is filed only after the redactions happened to avoid accidental leaking. They don’t file only the decision outcome, they file the whole decision. The decision is under seal temporarily.
Florian has gotten stuff wrong in the past tho for legal / procedural stuff.
It’s ChatGpt4 vs Florian, and I’m going with ChatGpt4 for laws and procedures instead of a human every single time.
Gpt4 is bad for citing cases and examples. Makes shit up haha.
Of course, but the question is whether the documents are redacted first then filed/uploaded, or filed/uploaded first then redacted.
It makes no sense to me why the court would file first then ask for redactions, and then upload again. Seems to add unnecessary steps that introduce potential for leaks.
There are many areas I’d question Florian but given he’s working in this area all the time in US law I’d suggest court procedure here is one he probably does know well.
At this point in time I’d say we are pretty much all sure what the results of the PI will be unless a miracle happens for the FTC. I just don’t really understand what MS thinks related to the CMA right now although deep down I’m thinking that if they went through all of this at this stage of the game they must have a plan on how they’ll be moving ahead with all this and are confident enough to be going through all of the motions or else I doubt they’d have wasted all of this money on legal fees as well as everybody’s time.
What I learned through this ordeal is that Brits are extraordinarily displeased with how their country functions and has functioned for the past 10 years or so.
I mean, brexit was pretty close in terms of voting. It’s like here in Quebec, even myself as a French Canadian I am quite happy that the vote didn’t go through to separate from Canada in the 90s but it was a close call, just like Brexit, except it ended up in our favour imo as I don’t think Quebec would have been good on its own to be honest, especially with all the crap they actually pull while still being part of Canada so I can only imagine us in a similar situation as the UK right now !
Problem I think is that the old farts are making it much worse for the newer generation and are basically screwing them over. At least in our current situation with this deal I think Microsoft’s lawyers will make them see the light and justice will lean in our favour in the ABK case (fingers crossed!).
True, but in the same vein, there are a lot of people that have been wrong about US proceedings… as someone who literally has first-hand experience, on both sides of the fence and on both civil and fed level. The basic understanding of the limits of the FTC in comparison to the CMA, for example…
Curious, is this something you heard or you’ve seen. I’ve been using it since the CMA stuff and it’s pretty good for general legal knowledge but it makes up cases / examples.