Washington Post: FTC sues to block Microsoft’s acquisition of game giant Activision

December 8, 2022 Media

The Federal Trade Commission on Thursday took its most aggressive actions since Lina Khan became chair to rein in the power of Big Tech, pursuing a lawsuit to block Microsoft’s acquisition of a game developer on the same day it opened arguments in another case against Meta’s purchase of a virtual reality start-up.

In both cases, the FTC argued that the acquisitions would squash future innovation in emerging gaming markets, a relatively novel interpretation of antitrust law that Khan (D) and her allies have championed as they seek to usher in an era of competition enforcement. The complaints follow long-running criticism that federal regulators have not been forward-looking enough in evaluating deals in Silicon Valley, allowing tech titans to dominate by gobbling up their much smaller rivals.

Meanwhile, advocates for antitrust enforcement cheered on the FTC’s strategy of pursuing cases against such mergers — even risky ones. Lee Hepner, the legal counsel at the American Economic Liberties Project, said the FTC’s case against Microsoft was a signal of a “renewed approach” under the Biden administration to restore competition.

“What has happened over the past 50 years, really, is through a pattern of intentional government neglect, caused by intensive corporate lobbying, we’ve abandoned the purpose of the law,” he said. “So I think what we’re seeing now is not the FTC and DOJ trying to rewrite the law. It’s trying to reinvigorate the law and to restore the law to its intent.”