The Federal Trade Commission complained to a federal appeals court on Wednesday that Microsoft’s layoff of 1,900 employees in its video games division went against its representations in court as it fought to acquire Activision Blizzard. The move undermines Microsoft’s claims that the companies would continue to operate independently, the FTC said, and will make it harder to get “effective relief” if the agency succeeds in its administrative proceeding.
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If the appellate court is unhappy with the lower court’s ruling, then there is no reason for it not to reverse it and tell Microsoft to stop the process of merging with Activision until the proceedings have completed. Admittedly this outcome might be inconvenient for Microsoft and Activison, but it is not the job of the court to care about this.