The question is if a British institution can realistically prohibit global merger of two American companies… “It is law” is hardly an answer, they can slap a $5B fine but then Microsoft can leave the UK and say “good luck switching to Linux overnight”. The CMA did not present a theory of harm in their final report and everyone in the world can see they’re being obstructionist for the sake of it. So it’s likely the UK government would intervene at some point to stop this madness, the acquisition is by and large good for competition and consumers and there’s really no reason to potentially start a trade over over such trifle matters.
Not disputing that, but where did you see the judges that got appointed to the panel?
Wonder if we get another great video when ABK closes?
This was awesome:
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At the very least the CMA would have been eaten alive during the CAT appeal off the basis of comity alone especially with the FTC out of the picture
There is simply no way that MS would have agreed to pause litigation when they held all the cards unless they already reached some agreement with the CMA so that MS can cloae and the CMA can save face
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Which Microsoft likely can challenge to prove otherwise?
Because if so, Canada wouldn’t be an issue because they still need to prove it, unlike the CMA which can just block without seeking approval. The CMA has too much power and it needs to be stripped back, to something similar to Canada, where they can seek approval.
Yeah, I agree. There are a lot of great places to focus that were brought up. I was particularly disappointed in the answer from Lina Khan about the Kroger acquisition. It sounded like she was trying to make excuses to let that deal theough when its the most consumer damaging merger of the past year.
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Feels like everyone is about to go through an anime sports character phase of realization of victory has achieved and all that front of being tough will be dropped and cry into millions of tears because they did the impossible. I get it, it has been a long road. Hang tight. Almost done.
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Ngl, I’m kinda worried rn. FTC has improved their arguments now from what I’m seeing, and the court only has one day to read everything about this case. They definitely won’t be nearly as knowledgeable as judge Corley was, and I can see they being confused and granting the appeal “just to be cautious”.
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I was thinking the same thing.
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Thats not really how it works, they’re not here to judge the merits, its an appeal and the FTC have to argue that Judge Corley made mistakes. This is a review of the judicial standard on the actual trial that just happened
Judge Corley did everything correctly hence there isnt any grounds for an appeal
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If they don’t issue TRO tomorrow, MS/ABK could potentially close Saturday. So enough to stay 1 day off the Internet 
I belive theyll close Saturday. The confusion here is that the FTC can pursue an appeal still but It’d be pointless because MS will close, so the FTC want an emergency motion to stop MS from closing and dragging past the deadline. The sole tactic that the FTC has is to try to stall and delay since they’ll never win on merits in a million years
Right now the FTC made their appeal out as if they were right and that Judge Corley made several errors in here judgement when in reality the FTC lost because their case was weak
The appeal judges are going to look at what Judge Corley did and not the merits of the case.
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If only this can be pinned to this thread, since naturally a lot of people don’t realise what an appeal actually entails.
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I don’t get it. When Microsoft appeal, it’s no use. When FTC appeal, God almighty, it’s game over. When is it balance?
The three judges for the appeals are randomly selected.
MS didn’t appeal in the US…if you’re referring to the CMA and CAT, people believe it was no use because there was a ton of misinformation about how the CAT appeal process works. MS have to prove that the CMA royally fucked up the process rather than argue the merits of the case, and MS were very likely going to demolish the CMA which is why the CMA kept asking for delays (in which CAT told them to fk off) because the CMA knew they would lose so they tried using delay tactics
Its actually similar with the appeal here, its a review of judicial standard and not merits. The FTC would have to prove that Judge Corley fuked up, the difference is Judge Corley did everything correctly which is why the FTC will lose again
Judge Corley absolutely did the right thing by taking over a week to post her decision because she crossed her t and dotted her i to make sure there was no chance the FTC would win an appeal
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They can’t just grant the appeal just to be cautious. In fact, in the past when they have been cautious they pick the side of the firms.
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That would be ideal. Its what everyone wants. The FTC does serve a purpose and does some good things. However, most (but not all) of the good things they do haven’t involved Lina Khan in any meaningful way.
How many times did I come here and see that some action MS had taken was PR. Blah blah blah I absolutely guarantee this will have no affect on the deal etc. Usually from the same person.
Turns out Ilit all mattered. All the little inconsequential things MS did added up. Unsurprisingly to me they knew exactly what they were doing. Looking back have they put a foot wrong?
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So misinformation is what gave people the sorrow, hopelessness, “game over, man. Game over” vibe? Words are really like bullets.
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