Thread by @MActon93

#Microsoft #Activision: thoughts on Judge Corley, who will decide the fate of the deal.

I spend a lot of time covering the federal judges out here. First point - she's nice.

Never loses her temper with lawyers and I've never seen her in a bad mood. Not true of all judges.

She's also very patient and encouraging with young lawyers arguing for the first time.

I've seen her get into some lively debates with lawyers. But tone is important. Expect some good-natured quips at next week's hearing (which make for good copy - some judges just listen).

2 - she's no stranger to antitrust.

In addition to the video gamers' case against the deal, she's handled Qualcomm patent case, California gas markets case, FINA swimming league case.

3 - top academic credentials from Berkeley and Harvard. Background as a civil litigator.

She's talked before about how her time as law clerk for Charles Breyer - now a senior judge at the same court - was formative.

4 - She is quite a recent Article III judge, appointed by Biden in 2021.

But before that she was a Magistrate Judge (appointed by fellow judges and limited in tenure) for ten years. Lots of experience.

5- Corley has already dealt with this issue once. But it was a different plaintiff, and a different set of evidence.

Trying to predict the likelihood she will reject a PI request again, based on that prior ruling, is a mug's game.

6 - She has a lot of discretion to decide how and when she handles this FTC case. She will no doubt ask the parties next week about the timeline. But she'll also want to get this right.

Judicial precision comes above urgency. Decision is appealable to 9th circuit.

People forget that the video gamers have already appealed her earlier ruling, which adds another layer of complexity to the timeline.

They are also seeking a TRO while that appeal is pending. So there are actually two courts involved here already.