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The Federal Trade Commission is not giving up on its bid to prevent Microsoft from closing its $68.7 billion acquisition of game publisher Activision Blizzard, CNBC reported. On Wednesday, the agency filed to appeal a federal judge’s decision to deny a request for a preliminary injunction that would have prevented the deal from closing.

The decision comes one day after Judge Jacqueline Scott Corley, at the U.S. District Court for the Northern District of California, ruled in favor of the two companies.

According to CNBC, on Wednesday Activision Blizzard CEO Bobby Kotick told CNBC’s Julia Boorstin, “I’d be surprised if they would waste taxpayer resources on something like that,” referring to an FTC appeal. Kotick said he didn’t think the appellate court would grant a stay.