CMA application refused by Tribunal in Activision-Microsoft fight

In a ruling posted by the U.K. Competition Appeal Tribunal, the tribunal stated: “Without prior warning, on 28 June 2023, the CMA applied to adjourn the substantive hearing date of 28 July to 4 August 2023… The Tribunal has carefully considered the CMA’s application. It has done so overnight, conscious that given the imminence of the substantive hearing, the parties need to know where they stand right away… The CMA’s application is refused… We consider that the CMA has not paid sufficient heed to the true public interest in this case – which is the swift resolution of Microsoft’s Notice. The CMA has chosen to re-visit a matter already decided (namely, an end July/early August hearing and not an October hearing) when there has been no material change of circumstance. Furthermore, the CMA has made this application indefensibly late, with no explanation. Finally, there has been no attempt by the CMA to explore – either with Microsoft or with the Tribunal – ways in which the burden might be eased.”