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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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BlackRock bets on ‘pick and shovel’ trade, singling out clear winners in AI spending spree

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BlackRock bets on ‘pick and shovel’ trade, singling out clear winners in AI spending spree

Ben Powell, chief strategist for Middle East and Asia Pacific at BlackRock Investment Institute, during a Bloomberg Television interview at the Abu Dhabi Finance Week (ADFW) conference in Abu Dhabi, AD, United Arab Emirates, on Monday, Dec. 9, 2024.

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The wave of capital pouring into artificial intelligence infrastructure is far from peaking, said Ben Powell, chief investment strategist for APAC at BlackRock, arguing the sector’s “picks and shovels” suppliers — from chipmakers to energy producers and copper-wire manufacturers — remain the clearest winners as hyperscalers race to outspend one another.

The surge in AI-related capital expenditure shows no sign of slowing as tech giants push aggressively to secure an edge in what they see as a winner-takes-all contest, Powell told CNBC Monday on the sidelines of the Abu Dhabi Finance Week.

“The capex deluge continues. The money is very, very clear,” he said, adding that BlackRock is focused on what he called a “traditional picks and shovels capex super boom, which still feels like it’s got more to go.”

AI infrastructure has been one of the biggest drivers of global investment this year, fueling a broader market rally, even as some investors question how long the boom can last.

Nvidia, whose GPU chips are the backbone of the AI revolution, became the first company to briefly surpass $5 trillion in market capitalization amid a dizzying AI-fueled market rally that sparked talk of an AI bubble.

Microsoft and OpenAI also reached a restructuring deal in October to support the ChatGPT developer’s fundraising efforts. OpenAI has reportedly been preparing for an initial public offering that could value the company at $1 trillion, according to Reuters.

The build-out has set off long-term procurement efforts across the tech sector, from chip supply agreements to power commitments. Grid operators from the U.S. to the Middle East are racing to meet soaring electricity demand from new data centers. Companies, including Amazon and Meta, have budgeted tens of billions of dollars annually for AI-related investments.

S&P Global estimates data-center power demand could nearly double by 2030, mostly driven by hyperscale, enterprise and leased facilities, along with crypto-mining sites.

‘Dipping toes into credit market’

Powell also noted that leading tech firms have only begun to tap capital markets to fund the next phase of AI expansion, suggesting additional capital is on the way.

“The big companies have only just started dipping their toes into the credit markets… feels like there’s a lot more they can do there,” he said.

The “hyperscalers” are behaving as if coming second would effectively leave them out of the market, Powell said. That mindset, he added, has pushed firms to accelerate spending even at the risk of overshooting.

Much of that capital, Powell noted, is likely to flow to the companies powering the AI build-out rather than model developers, reinforcing a growing view among global investors that the most durable gains from the AI boom may lie in the hardware, energy and infrastructure ecosystems behind the technology.

“If we’re the recipients of that cash flow, I guess that’s a pretty good place to be, whether you’re making chips, whether you’re making energy all the way down to the copper wiring,” Powell noted, expecting “positive surprises driving those stocks in the year ahead.”

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CNBC Daily Open: Playing now: Netflix-Warner Bros deal with a Trump twist

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CNBC Daily Open: Playing now: Netflix-Warner Bros deal with a Trump twist

Netflix’s headquarters are pictured in Hollywood, California on December 5, 2025.

Patrick T. Fallon | Afp | Getty Images

“Who’s watching?” Netflix asks whenever someone accesses its site. On Friday, it was probably everyone with an interest in business, markets and television.

The key characters that had people hooked were Netflix and Warner Bros. Discovery, which jointly announced that the streaming giant will acquire the latter’s film studio and streaming service, HBO Max. The equity deal value is pegged at $72 billion.

Netflix investors did not seem too jazzed about the deal, with shares dropping 2.89% on the sheer size of the transaction.

“Look, the math is going to hurt Netflix for a while. There’s no doubt,” Rich Greenfield, co-founder of LightShed Partners, told CNBC. “This is expensive,” he added.

But if one side is paying a lot, that means the other is receiving a bounty. Indeed, investors cheered the potential Warner Bros. Discovery windfall, sending the stock up 6.3% on the news.

It is not a done deal yet, and faces regulatory scrutiny. U.S. President Donald Trump said he would be involved in the decision, Reuters reported Monday, after a senior official from the Trump administration told CNBC’s Eamon Javers on Friday that they viewed the deal with “heavy scepticism.”

Despite this initial show of resistance, stranger things have happened in this administration, and the transaction might eventually go through. We may as well get ready for Netflix’s next blockbuster: “The K-Pop Demon Hunters’ Song of Ice and Fire”?

What you need to know today

U.S. stocks had a positive Friday. The S&P 500 clocked its ninth winning session in 10 and rose 0.3% for the week. Asia-Pacific markets traded mixed Monday. Japan’s Nikkei 225 ticked up even as data showed the country’s economy shrinking more than expected in the third quarter.

Netflix to buy Warner Bros. Discovery’s film and streaming businesses. The total equity value of the deal is $72 billion, announced the two companies Friday. But the transaction could run into regulatory hurdles.

China’s exports grow more than expected. In U.S. dollar terms, shipments in November jumped 5.9% year on year, outstripping the 3.8% increase estimated in a Reuters poll and returning to growth from October’s 1.1% drop. But U.S.-bound exports plunged 28.6%.

A Ukraine peace deal is ‘really close.’ That’s according to Keith Kellogg, the U.S. special envoy for Ukraine, who reportedly said Saturday that there were two key outstanding issues: the future of Ukraine’s Donbas region and its Zaporizhzhia nuclear power plant.

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And finally…

A construction workers paints an eagle on the Marriner S. Eccles Federal Reserve Board Building, the main offices of the Board of Governors of the Federal Reserve System, on Sept. 16, 2025 in Washington, DC.

Kevin Dietsch | Getty Images

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Elon Musk calls for aboliton of European Union after X fined $140 million

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Elon Musk calls for aboliton of European Union after X fined 0 million

Elon Musk has called for the European Union to be abolished after the bloc fined his social media company X 120 million euros ($140 million) for a “deceptive” blue checkmark and lack of transparency of its advertising repository.

The European Commission hit X with the ruling on Friday following a two-year investigation into the company under the Digital Services Act (DSA), which was adopted in 2022 to regulate online platforms. At the time, in a reply on X to a post from the Commission, Musk wrote, “Bulls—.”

On Saturday he stepped up his criticism of the bloc. “The EU should be abolished and sovereignty returned to individual countries, so that governments can better represent their people,” he said in a post on X.

Musk’s comments come as top U.S. government officials have also intensified their opposition to the decision.

Secretary of State Marco Rubio called the fine an “attack on all American tech platforms and the American people by foreign governments,” in a post on X on Friday.

“Today’s excessive €120M fine is the result of EU regulatory overreach targeting American innovation,” said Andrew Puzder, the U.S. ambassador to the EU, on X on Saturday.

“The Trump Administration has been clear: we oppose censorship and will challenge burdensome regulations that target US companies abroad. We expect the EU to engage in fair, open, & reciprocal trade — & nothing less.”

Last week, the Commission said breaches included “the deceptive design of its ‘blue checkmark,’ the lack of transparency of its advertising repository, and the failure to provide access to public data for researchers.”

“With the DSA’s first non-compliance decision, we are holding X responsible for undermining users’ rights and evading accountability,” said Henna Virkkunen, executive vice president for tech sovereignty, security and democracy, at the time.

X now has 60 days to inform the Commission of plans to address the issues with “deceptive” blue checkmarks. It has 90 days to submit a plan to resolve the issues with its ads repository and access to its public data for researchers.

“Failure to comply with the non-compliance decision may lead to periodic penalty payments,” the Commission said in a statement.

X.ai, the company which owns X, and the Commission have been approached for comment. oh

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