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Microsoft Wins Appeal Against FTC Challenge to $69 Billion Activision Deal

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Microsoft has secured a major legal victory as the 9th U.S. Circuit Court of Appeals rejected the Federal Trade Commission’s (FTC) bid to revive its antitrust challenge against the tech giant’s $69 billion acquisition of Activision Blizzard, maker of the Call of Duty franchise.

Key Points:

  • Unanimous Ruling: A three-judge panel upheld a lower court decision that denied the FTC’s request for a preliminary injunction. The court found that the FTC failed to demonstrate that the deal would likely harm competition.

  • Deal Closed in 2023: Microsoft finalized the largest-ever gaming acquisition after gaining approvals from regulators including UK authorities, despite scrutiny in multiple global jurisdictions.

  • FTC’s Position: The FTC argued the acquisition would undermine competition in console gaming, subscription services, and cloud gaming, but both the district court and appeals court found these claims lacked sufficient evidence.

  • Impact on FTC Strategy: The ruling is a blow to the FTC’s broader push under President Joe Biden’s administration to ramp up antitrust enforcement in Big Tech. The FTC’s internal administrative proceedings, paused since 2023, remain uncertain.

  • Microsoft’s Next Steps: While Microsoft has not yet commented, the ruling removes a significant legal obstacle and further solidifies its control over Activision’s gaming titles and intellectual property.

Judge Jacqueline Scott Corley had already ruled in 2023 that the acquisition would not “substantially lessen competition,” a standard the appellate court agreed had been correctly applied.

Wolfspeed’s Shares Plunge to 27-Year Low Amid Uncertainty Over Federal Funding

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Shares of Wolfspeed, a prominent chipmaker, dropped by 50% on Friday, hitting their lowest point since 1998. This significant decline stems from uncertainty surrounding the company’s eligibility for federal funding under the U.S. CHIPS Act. Wolfspeed is awaiting approximately $750 million in subsidies promised by the 2022 bipartisan CHIPS Act, which allocated $52.7 billion in federal funds to boost U.S. semiconductor manufacturing.

However, Wolfspeed’s future funding remains in limbo as the company is left vulnerable to changes in the administration’s stance on the law. President Donald Trump has recently voiced opposition to the CHIPS Act, calling for its repeal in favor of using its funds for debt reduction. This has increased concern over the company’s ability to secure the much-needed funds.

Analysts warn that without the CHIPS Act grant, Wolfspeed may face devastating consequences, including the need for major restructuring. The company had hoped the funding would help it accelerate the production of silicon carbide chips, essential for electric vehicles and renewable energy.

As of Friday, Wolfspeed’s shares were trading at $2.72, marking a 59% decline in value for the year. The company has also made changes in leadership, appointing Robert Feurle as CEO, effective May 1. Additionally, Wolfspeed has secured $865 million in tax credits to strengthen its financial position.

Trump Calls for Repeal of $52.7 Billion Semiconductor Subsidy Law

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Former President Donald Trump has called for the repeal of the landmark 2022 bipartisan CHIPS and Science Act, which allocated $52.7 billion in subsidies for semiconductor manufacturing and production. Trump, in a speech to Congress on Tuesday, criticized the act, describing it as a “horrible, horrible thing” and argued that the money allocated had not been effectively spent. He urged lawmakers to cancel the CHIPS Act and redirect the remaining funds towards reducing the national debt.

The CHIPS Act, signed by President Joe Biden in August 2022, includes $39 billion for U.S. semiconductor manufacturing, along with $75 billion in government lending authority aimed at bolstering the country’s tech industry and addressing national security concerns related to semiconductor imports. The law has been praised by Commerce Secretary Howard Lutnick, who previously expressed his desire to review the awards finalized under Biden’s administration, which facilitated major semiconductor firms such as Samsung, Intel, Taiwan Semiconductor Manufacturing Company (TSMC), and Micron in establishing factories in the U.S.

Trump’s remarks mark his strongest criticism of the CHIPS Act, suggesting that avoiding new tariffs would be sufficient to encourage domestic semiconductor production. Critics, however, argue that the law is crucial for securing investments, such as TSMC’s $100 billion plan to build five chip facilities in the U.S., which would create tens of thousands of jobs. New York Governor Kathy Hochul highlighted that Micron’s $100 billion investment in Central New York, which could generate 50,000 jobs, was a direct result of the CHIPS Act.

While Trump’s position may undermine the funding for key semiconductor projects, officials are concerned that repealing the law could harm Arizona’s semiconductor industry and jeopardize job creation. Recent reports also indicated significant layoffs within the U.S. Commerce Department, which oversees the semiconductor subsidies, raising questions about the future of the industry under a potential new administration.