These are some pretty wild times for Activision Blizzard (ATVI).
The maker of the "Call of Duty" franchise, which agreed last year agreed to a $69 billion takeover by Microsoft (MSFT), is scheduled to report fourth-quarter earnings after the closing bell on Feb. 6.
That deal is seeing pushback from regulators in Europe and the United States, where the Federal Trade Commission is suing to prevent the deal from closing.
The FTC argues the deal would "harm competition in high-performance gaming consoles" by denying or degrading access to its gaming content by rival console makers.
Meanwhile, Microsoft’s legal team expects Britain’s Competition and Markets Authority to oppose the transaction, The New York Times reported on Feb. 4, while it believes the European Commission is open to potential remedies.
Microsoft said that it believes it has a strong case in Britain and it has not predetermined, nor been advised by its lawyers, that the merger will be blocked.
The authority said in December that the deal, which would value Activision at $95 per share, "may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom."
The watchdog agency expanded its probe into the deal, which it first opened in July, to a so-called "Phase 2" investigation, after it said Microsoft failed to offer remedies that would mitigate its concerns.
Microsoft was hoping to convince both Britain and the European Union to accept its concessions and approve the deal, the Times reported, citing people who had been briefed on the matter, which could make it easier for the company to reach an agreement with the FTC before the scheduled administrative trial starts in the summer.
Company Roiled by Lurid Headlines
The release of the financial results comes just days after the Securities and Exchange Commission announced that the Santa Monica, Calif., company agreed to pay $35 million to settle charges that it failed “to maintain disclosure controls and procedures to ensure that the company could assess whether its disclosures pertaining to its workforce were adequate.”
The company also settled charges that it violated an SEC whistleblower protection rule, the agency said.
Activision, which did not admit or deny the SEC’s findings, said in a statement that it was "pleased to have amicably resolved this matter."
"As the order recognizes, we have enhanced our disclosure processes with regard to workplace reporting and updated our separation contract language," the company said. "We did so as part of our continuing commitment to operational excellence and transparency. Activision Blizzard is confident in its workplace disclosures.”
Activision had been roiled by nearly a year of increasingly lurid headlines, including the accusation that it nurtured a “bro culture” of sexism, which was included in a complaint from California’s Department of Fair Employment and Housing.
The situation led to major consequences, from sharp stock drops to Activision Blizzard employees staging walkouts.
In addition, the SEC said Activision Blizzard executed separation agreements that violated the whistleblower protection rule by requiring former employees to provide notice to the company if they received a request for information from the commission’s staff.
Jason Burt, director of the SEC’s Denver regional office, said in a statement that “taking action to impede former employees from communicating directly with the Commission staff about a possible securities law violation is not only bad corporate governance, it is illegal.”
In May, employees of the videogame maker voted to form a union at the company, becoming only the second official union in the videogame business sector.
Take-Two Interactive Software (TTWO), which makes the "Grand Theft Auto" and "NBA 2K23" videogames, is expected to report earnings on Feb. 6.
