Demartini

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANTE DEMARTINI, et al., Case No. 22-cv-08991-JSC

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

MICROSOFT CORPORATION, Defendant.

12 Plaintiff video gamers sue under the Clayton Act, Sections 7 and 16, to enjoin the merger of Microsoft Corporation and video game developer and publisher Activision Blizzard. Pending before the Court is Microsoft’s motion to dismiss. (Dkt. No. 42.1) After carefully considering the complaint, the parties’ submissions, and having had the benefit of oral argument on March 16, 2023, the Court GRANTS the motion with leave to amend. The Complaint does not plausibly allege the merger creates a reasonable probability of anticompetitive effects in any relevant market. BACKGROUND On January 18, 2022, Microsoft announced plans to acquire Activision Blizzard for approximately $70 billion. (Dkt. No. 1 ¶ 2.) The acquisition “would be the largest merger of technologies companies…