https://www.reuters.com/legal/microsoft-wins-dismissal-gamers-suit-over-69-bln-activision-deal-2023-03-21/ Skip to main content Exclusive news, data and analytics for financial market professionals Learn more about Reuters home * World * Business * Legal * Markets * Breakingviews * Technology * Investigations * More My View Register * * * * * * * * * Antitrust * Regulatory Oversight * Mergers & Acquisitions * Litigation * Corporate Counsel 2 minute readMarch 21, 20239:30 PM UTCLast Updated ago Microsoft wins dismissal of gamers' suit over $69 billion Activision deal By Mike Scarcella Illustration of Microsoft and Activision Blizzard game characters Microsoft logo is seen on a smartphone placed on displayed Activision Blizzard's games characters in this illustration taken January 18, 2022. REUTERS/Dado Ruvic/Illustration/File Photo * Companies * Law firms * Activision Blizzard Inc Follow * Microsoft Corp Follow * * * * * * * * March 21 (Reuters) - Microsoft Corp (MSFT.O) on Monday won dismissal of a private consumer antitrust lawsuit over its $69 billion proposed purchase of "Call of Duty" maker Activision Blizzard Inc (ATVI.O), but the plaintiffs were given 20 days to refine their legal challenge. A federal judge in San Francisco ruled that the lawsuit from a group of video game plaintiffs "lacks allegations" supporting their claim that the proposed acquisition would harm market competition. "Plaintiffs' general allegation that the merger may cause 'higher prices, less innovation, less creativity, less consumer choice, decreased output, and other potential anticompetitive effects' is insufficient," wrote U.S. District Judge Jacqueline Corley. "Why? How?" The decision does not affect the U.S. Federal Trade Commission's (FTC) regulatory challenge to the largest-ever gaming industry deal. Microsoft announced its bid last year, and it also faces competition scrutiny in the EU and UK. Microsoft has denied the deal would harm video game competition. U.S. antitrust law allows private consumers to challenge mergers and acquisitions apart from government actions. An evidentiary hearing before the FTC is scheduled in early August. A spokesperson for Microsoft and lawyers for the company did not immediately respond to messages seeking comment. Joseph Saveri, a lawyer for the plaintiffs, told Reuters they planned to submit an amended lawsuit "with additional factual detail" to "address all of the ways in which the judge indicated we need to allege more." Corley scrapped a planned hearing on whether to issue a preliminary injunction. A status hearing is scheduled for April 12. The case is Demartini v. Microsoft Corp, U.S. District Court, Northern District of California, 3:22-cv-08991. For plaintiffs: Joseph Alioto of Alioto Law Firm; and Joseph Saveri of Joseph Saveri Law Firm For Microsoft: Rakesh Kilaru of Wilkinson Stekloff, and Valarie Williams of Alston & Bird Read more: Biden faces uphill battle in spat with Microsoft over Activision deal Video gamers sue Microsoft in U.S. court to stop Activision takeover Reporting by Mike Scarcella; editing by Leigh Jones and David Gregorio * * * * * Our Standards: The Thomson Reuters Trust Principles. Read Next / Editor's Picks * WorldcategoryU.S. board finds problems with safety devices on train that derailed in Ohio, article with image10:54 PM UTC . Updated undefined ago * GovernmentcategoryJudge to Trump: Trial date in NY civil fraud case 'written in stone', article with image10:28 PM UTC . Updated undefined ago * LegalcategoryU.S. trade commission sides with iRobot, bans SharkNinja robot vacuum imports, article with image10:24 PM UTC . 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