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Satya Nadella, CEO, Microsoft

CNBC

in triumph MicrosoftUS Court of Appeals for the Ninth Circuit late Friday to reject The FTC’s appeal of the judge’s decision would have stayed the software maker from completing its $68.7 billion acquisition of the video game publisher Activision Blizzard.

Microsoft is still working to resolve concerns about the deal from the UK’s Competition and Markets Authority.

A federal judge in San Francisco, after five days of court hearings, ruled against the FTC on Tuesday, and the federal agency filed its appeal on Wednesday.

The FTC sued to block the acquisition last December, and then filed an emergency lawsuit last month before the deal’s July 18 deadline. The FTC argued that the deal was anti-competitive because Microsoft could make some of its games exclusive to its Xbox game consoles or reduce the experience of Activision games like popular Call of Duty titles on competing services if the deal closes. Microsoft said it would make the games more widely available instead.

Representatives for the FTC and Microsoft did not immediately respond to requests for comment.

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