Microsoft 'resolves' class-action antitrust lawsuit against Activision-Blizzard merger

The class-action antitrust lawsuit challenging the $70 billion Microsoft-Activision merger has been dismissed.

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One of the last lawsuits opposing Microsoft's acquisition of Activision-Blizzard has been dismissed. The case in question, Dante DeMartini et al v. Microsoft, U.S. District Court, Northern District of California, No. 3:22-cv-08991-JSC, also referred to as the "gamer's lawsuit" by media, alleged that Microsoft's buyout of Activision Blizzard King showed signs of breaking antitrust law. A group of private citizens banded together to sue to challenge the merger, seeking an enjoining ruling that would prevent the two groups from merging.

The case has been dismissed with prejudice by the courts, meaning that the same complaints cannot be refiled. It's believed that Microsoft has settled the lawsuit with the plaintiffs, but exact details remain unclear.

"The parties have resolved the litigation," Microsoft told AP News.

The document filing reads:

"Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs and Defendant, by and through their undersigned counsel, stipulate and agree to the dismissal with prejudice of the Amended Complaint and Plaintiffs' claims in this action. Each party shall bear their own costs and fees."

There's a few reasons why a case can be dismissed with prejudice:

A dismissal with prejudice means that a case is permanently over and the plaintiff cannot refile the claim in that court. This is because the court has made a final determination on the legal and factual issues of the claim.

A judge may dismiss a case with prejudice for a number of reasons, including:

• To prevent a frivolous lawsuit from being brought again
• To prevent the parties from asking the court to hear their case again after settling outside of court
• To protect the defendant's reputation or position in the community
• To prevent the case from being brought in a court that lacks authority to hear it

The Federal Trade Commission's ongoing administrative lawsuit currently remains the sole opposition to the Microsoft-Activision merger.