The FTC Administrative Process isnt even binding to the FTC. If they dont like their outcome they can simply ignore it. They made it nonbinding earlier this past summer.
In order to undo any acquisition they will need to go to Federal court.
This current FTC is a total disgrace and wasting tax payer money. They need money pulled until they get on track with a legitimate regulatory purpose. This is not just needing a Federal court to win a pathetic case as before, as this would be asking a Federal court after the merger closes to order the break up or “divestment” in legal terms of a company for some laughable reasons not based in law or fact, which is never going to happen. The bar was high before, but this is just stubborn stupidity that is an embarrassment to the FTC.
The funny part about this whole FTC saga is that there was somewhat of a bipartisan effort to make them stop suing MS/ABK, but they rather listen the vats minority and follow their agenda.
Still waiting on Warren and Bernie to congratulate them on their fight.
I doubt we’ll see either of them associate with the MS/ABK effort now that Amazon proceedings were announced. They know enough to jump off and attach to the new.
Definitely no. Microsoft can close without them. Once it’s closed, which will be before FTC gets to do anything, it’s all over. It’s literally waste of money.
The oral hearing for the 9th circuit isn’t till December 6th so the administrative hearing won’t be till next year and there’s no route left for an injunction in the US so there’s no way for the FTC to stop the merger only attempt to force Microsoft to divest ABK at some point in the future which would be a years long battle:
On a different note the only thing that makes sense as an FTC strategy in how they are handling the matter is they are going through the motions not expecting to actually stop or force a divestiture at a later date. It’s to try and make it as long and expensive a process for the acquiring company to possibly put other companies(particularly big tech) off having to battle for so long and spend a bunch of money on lawyers. I doubt the strategy works but I have a feeling that’s what they are hoping
The FTC couldn’t even get an initial PI and were pretty much laughed out of court. Anyone who thinks they have a case to dismantle an already closed merger AFTER being denied a PI is deluding themselves.
As you say, the FTC cannot prevent or unwind a merger, only the federal courts can and a federal judge has already ruled on the matter. So unless the market conditions change drastically, or congress passes new legislation, the FTC is a side show.