Demartini
Demartini v. Microsoft Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANTE DEMARTINI, et al., Case No. 3:22-cv-08991-JSC
Plaintiffs,
ORDER RE: MOTION TO HOLD
v. SEPARATE
MICROSOFT CORPORATION, Re: Dkt. No. 276 Defendant.
12 Plaintiffs filed this action under Sections 7 and 16 of the Clayton Act seeking to enjoin a proposed merger between Microsoft Corporation and Activision Blizzard, Inc. The Court denied Plaintiffs’ motion for a preliminary injunction concluding, among other things, Plaintiffs had not demonstrated a likelihood of irreparable injury. (Dkt. No. 189.) After overcoming various hurdles, including a separate action brought by the Federal Trade Commission, see FTC v. Microsoft, No. 23-2880, and foreign regulatory actions, the merger closed on October 13, 2023. Four days before the merger closed, Plaintiffs filed the now pending “motion to hold separate” noticed for hearing on November 16, 2023. (Dkt. No. 276.) After carefully considering the arguments and briefing submitted, the Court…