FTC, Microsoft Given Until Friday to Say if Their Dispute Is ‘Amenable to Settlement’

The 9th U.S. Circuit Court of Appeals gave counsel for the FTC, Microsoft and Activision Blizzard a deadline of this Friday for informing the circuit mediator about their clients’ views “on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future,” said an amended mediation order Friday (docket 23-15992). The commission is appealing the July 10 order of U.S. District Judge Jacqueline Scott Corey denying its motion for a preliminary injunction to bar Microsoft from consummating its Activision buy (see 2307110061). The existing briefing schedule remains in effect, said the order. The FTC’s opening brief is due Aug. 9, and the Microsoft/Activision answering brief is due Sept. 6.