U.S. District Judge Jacqueline Scott Corley in San Francisco federal court said in a
ruling issued late on Friday night that the video gamers had not shown they would be "irreparably harmed" if the merger were allowed to proceed before she rules on the merits of their case.
Microsoft and its lawyers
contend the acquisition would benefit consumers.
Corley pushed back on the gamers' allegation that Microsoft would limit availability of the game. The judge said there was no evidence Microsoft could make current versions of "Call of Duty" stop working after the planned merger, Corley wrote.
"The day after the merger they can play exactly the same way they played with their friends before the merger," Corley wrote. The judge also said "it is not likely" Microsoft will make any newer version of "Call of Duty" exclusive to the company's platform prior to a ruling on the merits of the deal.