FTC could appeal Microsoft-Activision ruling as soon as Wednesday

The Federal Trade Commission could entreaty a judge's decision against its effort to artifact Microsoft and Activision Blizzard from closing their $68.7 cardinal woody arsenic soon arsenic Wednesday, a root acquainted with the substance confirmed to CNBC.

Bloomberg archetypal reported that the bureau was leaning toward an entreaty aft U.S. District Judge Jacqueline Scott Corley denied the FTC's petition for a preliminary injunction. If it had been granted, the parties would not person been capable to adjacent their woody until the FTC's interior administrative proceeding played retired aboriginal this summer, past the July 18 woody deadline.

The FTC has not reached a last determination connected appealing, according to the source, who was not authorized to talk publically connected interior discussions. But the impermanent restraining bid that prevents Microsoft and Activision from closing volition expire aft 11:59 p.m. Pacific Time Friday.

Even if it appeals, the bureau volition beryllium racing against the timepiece of the woody deadline until the tribunal acts. The parties are inactive dealing with absorption from the U.K.'s Competition and Markets Authority, but that bureau agreed connected Tuesday pursuing the ruling successful the U.S. to enactment the litigation successful bid to see proposals to restructure the woody that whitethorn assuage its concerns.

A Microsoft spokesperson referred CNBC to an earlier connection from Microsoft Vice Chair and President Brad Smith, who said they "hope different jurisdictions volition proceed moving towards a timely resolution. As we've demonstrated consistently passim this process, we are committed to moving creatively and collaboratively to code regulatory concerns."

—CNBC's Steve Kovach contributed to this report.

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