The Federal Trade Commission can still appeal the order denying a preliminary injunction and continue a case before its in-house judge in a trial set to start Aug. 2.
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“This Court’s responsibility in this case is narrow. It is to decide if, notwithstanding these current circumstances, the merger should be halted—perhaps even terminated—pending resolution of the FTC administrative action,” Corley wrote. “For the reasons explained, the Court finds the FTC has not shown a likelihood it will prevail on its claim this particular vertical merger in this specific industry may substantially lessen competition.
In a statement, a FTC spokesperson stressed the “clear threat this merger poses to open competition in cloud gaming, subscription services, and consoles.” The FTC’s suit alleged violations of Section 7 of the Clayton Act, which bars mergers and acquisitions that could potentially lessen competition or create a monopoly, and Section 5 of the FTC Act, which prohibits unfair methods of competition.
The decision was issued after a five day mini trial in federal court in San Francisco. The agency in December
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