The FTC appeal against Preliminary Injunction lost against Microsoft buying Activision Blizzard got unsealed and this is the agency's rationale to request the 9th Circuit's help:

1) applied the wrong legal standard, relying on government cases seeking permanent injunctions

2) erred on Xbox Game Pass consumer benefits over potential foreclosure in multi-game subs

3) relied too much on Microsoft's cloud gaming agreements

4) missed potential partial foreclosure strategies

5) ignored the FTC’s evidence about Microsoft's incentive to foreclose

In the past hour, FTC requested the very same Judge Corley to still issue an Emergency Injunction to avoid the acquisition deal being close (which is rumored to occur between Friday and Monday).
The FTC appeal against Preliminary Injunction lost against Microsoft buying Activision Blizzard got unsealed and this is the agency's rationale to request the 9th Circuit's help: 1) applied the wrong legal standard, relying on government cases seeking permanent injunctions 2) erred on Xbox Game Pass consumer benefits over potential foreclosure in multi-game subs 3) relied too much on Microsoft's cloud gaming agreements 4) missed potential partial foreclosure strategies 5) ignored the FTC’s evidence about Microsoft's incentive to foreclose In the past hour, FTC requested the very same Judge Corley to still issue an Emergency Injunction to avoid the acquisition deal being close (which is rumored to occur between Friday and Monday).