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The growth in size of companies dominating sectors of the entertainment industry has been subject to antitrust challenges with mixed results. What are some notable recent developments in this area?
In June 2023, the Federal Trade Commission (FTC) sued Microsoft and video-game giant Activision Blizzard to block the former's acquisition of the latter during the FTC's ongoing investigation into whether the acquisition would violate federal antitrust law. Federal Trade Commission v. Microsoft, 3:23-cv-02880 (N.D.Cal.). This followed the U.K. Competition and Markets Authority's proposed final order in May 2023 barring a Microsoft/Activision combination for at least ten years on the ground that it would greatly diminish competition in the cloud-gaming industry.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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