Microsoft's Brad Smith said the CMA's decision to block the Call of Duty takeover was «poor.» for UK' Photo: Virginia Mayo/AP.
Microsoft has hired a lawyer who has beaten the EU on numerous occasions in a bid to overturn the UK competition regulator's decision to block a £55bn takeover of the gaming industry.
The US tech giant has engaged Daniel Beard KC to prepare for its Appeal appeal competition court in the coming days.
The company is hoping a lawsuit will save its $69bn (£55bn) takeover of Activision. the company behind Call of Duty after the Competition and Markets Authority (CMA) blocked the deal last month.
Mr Beard of Monckton Chambers is regarded as a leading competition lawyer and has quashed the multi-billion dollar fines imposed on Apple and Intel in the EU in recent years.
He represented Apple in its appeal against the €13 billion EU tax claim (£11.4bn) after Margrethe Vestager, the bloc's head of competition, said Ireland had offered her illegal state aid. Apple won the appeal, although Ms. Vestager is now trying to restore order.
Last year, Mr Byrd lifted a €1.1 billion fine imposed on Intel more than a decade ago after the European Commission said the company had abused its dominant position in the microchip market. The case was seen as a landmark blow to Brussels' efforts to rein in big tech companies.
Mr Bird represented Microsoft in the later stages of the CMA hearing before the regulator blocked the takeover in April.< /p>
The CMA's decision, the first major acquisition it has rejected since taking on new post-Brexit merger powers, has led to accusations from Activision that the UK is «closed for business». Microsoft said the decision means the EU is a better place to start a company than the UK. said the deal with Microsoft would increase competition in gaming. Photo: David Paul Morris/Bloomberg
The dispute is expected to be reopened in the coming days and the European Commission is expected to withdraw from the CMA and approve the takeover. Sources close to the investigation said they believe Brussels will allow the deal as long as Microsoft keeps certain promises to make games like Call of Duty available on other consoles. The EU is expected to make its decision within the next two weeks.
An appeal to the Competition Court of Appeals (CAT) is likely to take several months, after the July 18 deadline for the two companies to complete their case. deal with. The deadline has most likely already been extended as US regulators have launched legal action against the deal.
If Microsoft successfully appeals the CMA's decision, the case could be returned to the regulator for review. If CAT dismisses the claim, the company can take the case to the Court of Appeal.
In addition to Apple and Intel, Mr Byrd represented Sky in an attempt to overturn a 2007 government decision that the broadcaster must sell its stake in ITV, which it ended up losing. He also campaigned for Tesco in 2009 when the supermarket overturned a Competition Commission ruling that building permits for new stores must require competitive testing.
Microsoft said it remains «fully committed» to the deal , despite the blocking of the CMA. . Activision CEO Bobby Kotick said the company would support Microsoft's appeal.
When the deal was blocked, he said, «We're confident in our case because the facts are on our side: this deal is good for competition.»< /p>
Mr Kotik said over-regulation would mean the company would rethink its growth plans in the UK.
The government plans to give the CMA new powers to impose huge fines on tech companies abusing their position.
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