Is Britain’s fearsome trustbuster preparing to fold?
Is the fearsome trustbuster preparing to fold? On July 11th an American court cleared the Microsoft-Activision transaction, leaving Britain as the holdout. Within hours thesaid it was prepared to examine a “modified” version of the transaction. Activision’s share price shot up: investors think it is game on.’s recent activism as a show of post-Brexit independence. A blander explanation is that companies are unused to British antitrust regulators , increasing the risk of confusion and surprises.
Another reason for Britain’s new vim lies in America. The Federal Trade Commission used to approve more vertical mergers, like Microsoft and Activision, with strings attached. But these conditions proved hard to enforce, so regulators now prefer to block vertical deals outright. In America, where the legal basis for doing so is thin, courts overturn such decisions. In Britain, where trustbusters have wide discretion, theThat is uncomfortable, especially when the parties are not British.
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