Microsoft Corp.’s fight against Britain’s veto of its US$69 billion Activision Blizzard Inc. takeover got a boost when a judge said the court case can start weeks before the U.K. antitrust regulator’s preferred kick-off date.
Judge Marcus Smith said at the Competition Appeal Tribunal in London that hearings into the substance of the U.S. software firm’s appeal can be penciled in for the week beginning July 24. Microsoft and Activision had both demanded a quick turnaround during an initial case-management session at the tribunal on Tuesday.
Despite the early court date, the case is set to be a tough fight for Microsoft as the U.K. tribunal’s powers are limited to looking at the legality of the decision rather than the substance. The CMA has never overturned a decision on any case that has been sent back for another look by the CAT. Microsoft is challenging the decision on five separate grounds. Lawyers for the company allege the CMA made “fundamental errors” in its calculation and assessment of market share data for cloud gaming services.
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