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This is the boldest move the Biden administration has taken to police mergers, says fmr. FTC chairman

The Federal Trade Commission said on Thursday it has filed an antitrust case against Microsoft to challenge the software maker’s attempt to acquire video game publisher Activision Blizzard, claiming it would violate U.S. law.

This isn’t Microsoft’s first time dealing with competitive pressure. In 1998 the U.S. Justice Department filed a broad antitrust case against the company. Microsoft changed some practices related to its Windows operating system business as a result. Regulators in the United Kingdom are looking into whether the Activision Blizzard acquisition would lessen competition in the country.

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Microsoft announced plans to acquire Activision Blizzard for $68.7 billion in January, with the goal of closing it by June 2023. The deal has come under pressure from Microsoft’s competitors in gaming, such as Sony. Microsoft has repeatedly said it won’t be the world’s leader in gaming if the deal were to close, and it has vowed to provide popular “Call of Duty” games on gaming platforms other than those owned by Microsoft.

“We continue to believe that this deal will expand competition and create more opportunities for gamers and game developers,” Brad Smith, Microsoft’s vice chair and president, said in a statement. “We have been committed since Day One to addressing competitive concerns, including by offering earlier this week proposed concessions to the FTC. While we believed in giving peace a chance, we have complete confidence in our case and welcome the opportunity to present our case in court.”

FTC commissioners voted 3-1 to move forward with the agency’s administrative complaint, which will go before the FTC’s internal administrative law judge. In that process, the ALJ makes an initial decision after a trial-like proceeding. The respondent or FTC staff serving as “complaint counsel” can choose to appeal the initial decision to the full commission for a vote. After that, the respondent could still ask a federal appeals court to review the commission’s order.

“With control of Activision’s content, Microsoft would have the ability and increased incentive to withhold or degrade Activision’s content in ways that substantially lessen competition — including competition on product quality, price, and innovation,” the FTC said in its complaint. “This loss of competition would likely result in significant harm to consumers in multiple markets at a pivotal time for the industry.”

FTC sues Microsoft over proposed Activision deal

In the statement, the FTC said Microsoft has a record, including with its 2021 ZeniMax deal, of buying games and using the moves to suppress competition from other companies that make consoles. Microsoft promised the European Commission antitrust officials that the company wouldn’t have an incentive to stop people from playin ZeniMax games on consoles other than the Xbox, but after the European Commission permitted the deal to proceed, Microsoft announced that it was making ZeniMax games such as Elder Scrolls VI, Redfall and Starfield into exclusives, the FTC said in its suit.

The FTC said Activision Blizzard has brought its games to a variety of devices, irrespective of their manufacturers, but that might change if Microsoft were to complete the deal. Microsoft could adjust prices or worsen the experience on competing hardware such as Sony PlayStation consoles, or keep Activision Blizzard consoles from reaching consoles other than Microsoft Xbox systems, the agency said.

Microsoft does offer titles that are exclusive to the Xbox, and in October Phil Spencer, CEO of gaming at Microsoft, pointed out that Sony has its own set of exclusive franchises, but over time Microsoft has brought games such as Minecraft to other devices. He argued that it’s important for more people, not less, to play games the company owns.

Microsoft is seeking to add subscribers to its Game Pass service that provides access to hundreds of games. The Game Pass Ultimate subscription tier also allows people to play games that stream from Microsoft data centers on a variety of devices, including smartphones.

The FTC said in its case that the proposed acquisition is reasonably likely to reduce competition or bring about monopolies in the markets for gaming subscription services, cloud gaming and high-performance consoles.

“We want Call of Duty to be enjoyed by more players around the world. That requires COD being on diverse platforms after the merger of Microsoft + Activision Blizzard,” Lulu Cheng Meservey, Activision’s executive vice president for corporate affairs and communications chief, said in a tweet.

The lawsuit represents a major milestone for FTC Chair Lina Khan, who has long signaled aggressive action on tech. While her tenure has included a lawsuit seeking to block Facebook owner Meta from acquiring a virtual reality fitness app developer, the lawsuit seeking to block the Microsoft-Activision deal is notable for its scale, as the largest technology transaction to date.

Khan and her counterpart at the Justice Department’s antitrust division, Jonathan Kanter, have said they want the agencies to become more comfortable with taking big swings, adding that a high win record in court likely means they aren’t challenging enough cases.

Federal enforcers have seen a string of losses in merger challenges in recent months, with the exception of one significant win by the Department of Justice in its case against Penguin Random House’s proposed acquisition of Simon & Schuster.

The FTC’s administrative law judge rejected the commission’s challenge of Illumina’s proposed acquisition of Grail in the biotech space, though the FTC said it will appeal that ruling. The Antitrust Division has also said it’s appealing or considering appealing the three merger cases it lost so far: UnitedHealth Group-Change Healthcare, US Sugar-Imperial Sugar and Booz Allen Hamilton-EverWatch.

Smith previewed Microsoft’s arguments against blocking the deal in a Wall Street Journal opinion piece published earlier this week, saying it would be a “huge mistake.”

“Microsoft faces huge challenges in the gaming industry,” Smith wrote, adding that its Xbox console gaming system is in third place behind Sony’s PlayStation and the Nintendo Switch. Microsoft also has “no meaningful presence in the mobile game industry,” he said. He pointed attention toward Apple and Google, saying that while mobile gaming is a fast growing and high revenue segment, those two app store operators take a “significant portion” of those earnings through their fees on developers.

Activision Blizzard does have a place on mobile devices thanks to its 2016 acquisition of King, which publishes the Candy Crush Saga game. The Candy Crush franchise has over 200 million monthly active users, Activision Blizzard said in November.

Smith noted that Microsoft’s purchase of Activision would let it compete effectively in the gaming industry, spurring innovation and helping customers. He downplayed concerns voiced by competitors such as Sony, saying the company is “as excited about this deal as Blockbuster was about the rise of Netflix.”

Activision Blizzard shares reached a session low of $73 per share after the FTC announced its case. Microsoft had agreed to pay $95 per share.

Bobby Kotick, Activision Blizzard’s CEO, told employees in a memo that the assertion that the deal is anti-competitive doesn’t match with the facts.

“Simply put, a combined Microsoft-ABK will be good for players, good for employees, good for competition and good for the industry,” he wrote. “Our players want choice, and this gives them exactly that.”

Politico reported last month that the FTC was likely to try to block the deal.

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Mark Zuckerberg says Meta AI has 1 billion monthly active users

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Mark Zuckerberg says Meta AI has 1 billion monthly active users

Meta CEO Mark Zuckerberg appears at the Meta Connect event in Menlo Park, California, on Sept. 25, 2024.

David Paul Morris | Bloomberg | Getty Images

Meta’s AI assistant now has 1 billion monthly active users across the company’s family of apps, CEO Mark Zuckerberg said Wednesday at the company’s annual shareholder meeting.

The “focus for this year is deepening the experience and making Meta AI the leading personal AI with an emphasis on personalization, voice conversations and entertainment,” Zuckerberg said.

The artificial intelligent assistant’s 1 billion milestone comes after the company in April released a standalone app for the tool.

The plan is for Meta to keep growing the product before building a business around it, Zuckerberg said on Wednesday. As Meta AI improves overtime, Zuckerberg said “there will be opportunities to either insert paid recommendations” or offer “a subscription service so that people can pay to use more compute.”

In February, CNBC reported that Meta was planning to debut a standalone Meta AI app during the second quarter and test a paid-subscription service akin to rival chat apps like OpenAI’s ChatGPT.

“It may seem kind of funny that a billion monthly actives doesn’t seem like it’s at scale for us, but that’s where we’re at,” Zuckerberg told shareholders.

During the Meta shareholder meeting, investors voted on 14 different items related to the company’s business, nine of which were shareholder proposals covering topics such as child safety, greenhouse gas emissions and a proposed bitcoin treasury assessment.

Shareholder proposal 8, for example, was submitted by JLens, which is an investment advisor and affiliate of the Anti-Defamation League, and called for Meta to prepare an annual report detailing and addressing hate content, including antisemitism, on its services following January policy changes that relaxed content-moderation guidelines.

Early voting results on Wednesday showed the proposals that Meta’s board did not recommend were unlikely to pass, including one calling for the company to end its dual-class share structure, which gives Zuckerberg significant voting power. Meanwhile, the voting items that the board favored, including those pertaining to approving the company’s board of director nominees and an equity incentive plan, were likely to pass, based on the preliminary results.

Meta said final polling results will be released within four business days on the company’s website and the U.S. Securities and Exchange Commission.

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Salesforce turns in strong results and optimistic forecast

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Salesforce turns in strong results and optimistic forecast

Salesforce CEO Marc Benioff participates in an interview at the World Economic Forum in Davos, Switzerland, on Jan. 22, 2025.

Chris Ratcliffe | Bloomberg | Getty Images

Salesforce shares were volatile in extended trading on Wednesday after the sales and customer service software maker reported upbeat fiscal first-quarter results and guidance.

Here’s how the company performed relative to LSEG consensus:

  • Earnings per share: $2.58 adjusted vs. 2.54 expected
  • Revenue: $9.83 billion vs. $9.75 billion expected

Salesforce’s revenue grew 7.6% year over year in the quarter, which ended on April 30, according to a statement. Net income of $1.54 billion, or $1.59 per share, was basically flat compared with $1.53 billion, or $1.56 per share, a year ago.

President Donald Trump announced sweeping tariffs on goods imported into the U.S. in early April. Co-founder and CEO Marc Benioff sounded positive about the company’s results for the quarter anyway, pointing to its plan, announced on Tuesday, to buy data management company Informatica for $8 billion.

It would be Salesforce’s priciest acquisition since the $27.1 billion Slack deal in 2021. Slack marked the top end of the buyouts Salesforce had made under Benioff. Activist investors raised concerns about all the spending, in addition to slowing revenue growth.

Salesforce sprung into action, slashing 10% of its headcount. Benioff proclaimed that the board’s mergers and acquisitions committee had been disbanded. The company’s finance chief at the time said it would reach a margin expansion goal two years early. And Salesforce started paying dividends to shareholders.

Initial reception to the Informatica announcement was generally favorable. “Salesforce is paying a reasonable multiple for the asset, in our view, and the deal should be more easily digested by investors than some of the company’s large deals in the past (i.e. Slack),” Stifel analysts led by J. Parker Lane wrote in a note to clients. The investment bank has a buy rating on Salesforce shares.

During the fiscal first quarter, Salesforce introduced the AgentExchange marketplace for artificial intelligence agents.

Management sees $2.76 to $2.78 in adjusted earnings per share on $10.11 billion to $10.16 billion in revenue for the fiscal second quarter. Analysts polled by LSEG had expected $2.73 in adjusted earnings per share on $10.01 billion in revenue.

Salesforce bumped up its full-year forecast. It called for $11.27 to $11.33 in adjusted earnings per share and $41.0 billion to $41.3 billion in revenue, implying revenue growth between 8% and 9%. The LSEG consensus included net income of $11.16 per share and $40.82 billion in revenue. The guidance in February was $11.09 to $11.17 in adjusted earnings per share, with $40.5 billion to $40.9 billion in revenue.

As of Wednesday’s close, the stock had slipped about 18% so far in 2025, while the S&P index was unchanged.

Executives will discuss the results with analysts on a conference call starting at 5 p.m. ET.

This is breaking news. Please check back for updates.

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HP sinks 15% as company misses on earnings, guidance due to ‘added cost’ from tariffs

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HP sinks 15% as company misses on earnings, guidance due to 'added cost' from tariffs

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HP reported second-quarter results that beat analysts’ estimates for revenue but missed on earnings and guidance, in part due to President Donald Trump’s sweeping tariffs. Shares sank 15% after the report.

Here’s how the company did versus analysts’ estimates compiled by LSEG:

  • Earnings per share: 71 cents adjusted vs. 80 cents expected
  • Revenue: $13.22 billion vs. $13.14 billion expected.

Revenue for the quarter increased 3.3% from $12.8 billion in the same period last year. HP reported net income of $406 million, or 42 cents per share, down from $607 million, or 61 cents per share, a year ago.

For its third quarter, HP said it expects to report adjusted earnings of 68 cents to 80 cents per share, missing the average analyst estimate of 90 cents, according to LSEG. Full-year adjusted earnings will be within the range of $3 to $3.30 per share, while analysts were expecting $3.49 per share.

HP said its outlook “reflects the added cost driven by the current U.S. tariffs,” as well as the associated mitigations.

“While results in the quarter were impacted by a dynamic regulatory environment, we responded quickly to accelerate the expansion of our manufacturing footprint and further reduce our cost structure,” HP CEO Enrique Lores said in a statement.

Lores told CNBC’s Steve Kovach that HP has increased production in Vietnam, Thailand, India, Mexico and the U.S. By the end of June, Lores said the company expects nearly all of its products sold in North America will be built outside of China.

“Through our actions, we expect to fully mitigate the increased trade-related costs by Q4,” Lores said in the interview.

HP will hold its quarterly call with investors at 5 p.m. ET.

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