MLex has a new report about the case:
- MS and ABK didn’t expect the lawsuit so soon because there was little engagement from the FTC and the process seemed rushed.
- In fact, the FTC didn’t have to sue now, the speculation being that the timing of the lawsuit was a strategic choice by the FTC in light of the pending reviews in Europe and in the UK, at a critical phase in the process right now.
- It looks like the FTC believes that after the Illumina/Grail case (blocked by the EC), it's easier to get these deals blocked in Europe rather than having to litigate them in the US.
- The report literally says "Did the FTC file suit and accuse Microsoft of lying to the European Commission in order to pressure the commission not to settle this case?"
- The report says that the lawsuit could make more difficult for the European Commission to contemplate accepting remedies at an early stage without filing charges, assuming it wanted to. Therefore, the EC may prefer to wait until the CMA is done and let the process play out in UK before doing anything.