File - An image from Activision's Call of Duty is...

File - An image from Activision's Call of Duty is shown on a smartphone near a photograph of the Microsoft logo in this photo taken in New York, Thursday, June 15, 2023. A judge handed Microsoft a big victory on Tuesday, declining to stop its $69 billion takeover of video game maker Activision Blizzard. Credit: AP/Peter Morgan

The Federal Trade Commission says it is appealing a judge's ruling that would have allowed Microsoft to close its deal to buy video game company Activision Blizzard.

A Wednesday court filing from the FTC says it is appealing it to the San Francisco-based U.S. Court of Appeals for the Ninth Circuit.

Antitrust enforcers at the FTC have been trying to stop Microsoft's $68.7 billion takeover of Activision Blizzard, maker of popular game franchises like Call of Duty, arguing it will harm competition in the video game industry.

But in a Tuesday ruling, U.S. District Judge Jacqueline Scott Corley denied the FTC's request to block the deal from closing. She said the FTC hadn't shown that the merger would cause serious harm and was unlikely to prevail if it took the case to a full trial.

Microsoft had promised to pay Activision Blizzard a $3 billion breakup fee if it can't close the deal by Tuesday, which will mark 18 months since it was announced. But both companies could also agree to delay that deadline.

NewsdayTV's Doug Geed shows us some great spots 'Out East' to visit this summer. Credit: Brian Jingeleski, Randee Daddona

Out East Show: LI Aquarium, Patty's Berries and Bunches, Palmer Vineyards NewsdayTV's Doug Geed shows us some great spots 'Out East' to visit this summer.

NewsdayTV's Doug Geed shows us some great spots 'Out East' to visit this summer. Credit: Brian Jingeleski, Randee Daddona

Out East Show: LI Aquarium, Patty's Berries and Bunches, Palmer Vineyards NewsdayTV's Doug Geed shows us some great spots 'Out East' to visit this summer.

SUBSCRIBE

Unlimited Digital AccessOnly 25¢for 6 months

ACT NOWSALE ENDS SOON | CANCEL ANYTIME