Activision CEO says highly unlikely appeals court would grant a stay in Microsoft case
Rich Polk
Activision (NASDAQ:ATVI) CEO Bobby Kotick said it's "highly unlikely" that a U.S. appeals court would grant a stay to block the videogame maker's sale to Microsoft (NASDAQ:MSFT). 
"I'd be surprised if they would waste taxpayer resources" for the Federal Trade Commission to file an appeal to a judge's ruling that denied a preliminary injunction to block the Activision (ATVI) deal, Kotick told CNBC in an interview.
"I can't imagine the 9th Circuit would grant the stay," Kotick told the business network. "You never know, but I would think that would be highly unlikely and it just wouldn't be productive."
Kotick's comments come after a Bloomberg report late Tuesday that the FTC is leaning toward appealing its court loss in the Activision (ATVI) deal as soon as Wednesday. The FTC has until Friday night to file an appeal.
"I think Judge Corley was very sensible," Kotick said. "She was very deliberate, clearly understood the details of the case, the law and made a judgement based on facts and law and wasn't swayed by ideology."
Activision (ATVI) shares slid 1% on Wednesday amid the news of possible appeal and on reports that reports that the UK's antitrust authority may need to do a new probe of the Microsoft (NASDAQ:MSFT) deal if the companies' restructure their transaction to appease the regulator.
Microsoft (NASDAQ:MSFT) is offering to make a small divestiture to meet the objections of the UK's antitrust regulator to its planned Activision (ATVI) deal, CNBC's David Faber said Tuesday. Microsoft (MSFT) is offering a "small and discrete" divestiture to the CMA that it believes the regulator will accept.
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