A CMC has been listed for 17 July 2023 to consider the application made jointly by all parties to adjourn these proceedings pending further discussions between the CMA and Microsoft.
17 Jul 2023 | 2.30pm (time estimate of half a day) Case management conference
Thought this was interesting. This is what the 9th circuit will look at for a stay:
In evaluating a motion for stay pending appeal we consider four factors: â(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.â Nken v. Holder, 556 U.S. 418, 426 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)).
Iâm no lawyer, but I have to wonder how that is material to the court. The FTC does not want the merger to go through, so claiming that you just want to stop it temporarily now so that you can continue to try to stop it permanently doesnât seem terribly convincing.
The CMA issued an extension of six weeks to their final order. I believe that final order is what dictated Microsoft cannot close. Iâm not an expert but I think that means that the CMA block is no longer in effect. If so, the deal likely closes and the CMA and Microsoft matters would be ongoing.
I think people may be complicating the CMA timing too much. Based on their work on a resolution with the CMA they obviously wonât close on Monday with some statement against the CMA. I doubt that it would be some huge deal to close and say this was done for appropriate near term business considerations (merger agreement timeline being the big one), but we look forward to resolving any remaining concerns with the CMA as soon as possible so that we can continue our great business relationships with our UK partners.
The doom posting that some have been doing since day one is completely uneeded as every single thing right now is pointing to a close within a week. Its old and lame and does not reflect the current movement of this situation.
If you have to stick to a gimmick in these threads and never waver based on the actual ever changing reality its probably time to take a break from this subject.
It is pretty much trolling and doom posting now to keep trying to poke holes and present a negative outcome given recent developments and that deserves to be called out.
If no decision is made by the judges today, I really hope MS closes first thing Saturday
It will be one long ass weekend if MS doesnât close until Monday while the decision from the judges could come in at anytime before that to put it on hold
By what Tom Warren (I think itâs Tom) says, it appears the CMA and MS have ALREADY reached an agreement and they are just waiting to see what happens with the 9th circuit before making any public statements about it.
As someone above stated, just watch the 9th circuit agree to the PI now. TypicalâŚ
MS re waiting to hear the 9th circuitâs decision before taking any public steps, I think.
18hrs to go, before we know for sure.
If the 9th rejects the appeal or donât do anything about it in time, then MS can close in the US.
At that point, I think weâll hear more about what agreements/discussions they have had with CMA.
Then there will be the CAT hearing on Monday 17th, where they may even both tell CAT that they have reached an agreement and want to cancel any further action.
I remember there being a lot of wild optimism about how this whole process from day one as well. People convinced that this whole process would be smooth, no concessions, done by Fall, no one would oppose it, CMA would approve - so on and so forth. This whole process has been a rollercoaster full of ups and downs, with plenty of reasons to be pessimistic and optimistic at different times. Things are looking optimistic now, but itâs not over yet.
Weâre all just judging it as best we can as outside observers who arenât experts in this particular field - just because someone is more cautious and neutral in their viewpoint doesnât make them trolling. Just as no one was trolling with their overly optimistic takes either.
Like I said, maybe we should just enjoy that things are going well rather than trying to make a full accounting of anyone we percieve as having been wrong.
Weâre perhaps getting close to a positive outcome but itâs been a far bumpier road than expected, and Microsoft has had to offer up more than they likely initially planned. I donât imagine when they first offered Sony a 3 year contract that they thought theyâd be fighting an ugly (and likely expensive) court battle, making 10 year deals with multiple parties as well as various other promises in court, concessions in the EU and even now reportedly looking at divestiture as a solution to move forward.
I can probably write a forum bot that posts negative crap after every new piece of info comes out in this thread, might save some people some time.
Yes this has been a rollercoaster but that also implies things have changed both good and bad, when people keep sticking to the exact same negative script no matter what new info comes out then that is trolling and or doom posting.
Be a human and process the information as it comes in and adjust accordingly, some people just need to knock it off with the predictable negative replies to EVERY piece of news that comes out on this.