What they lost in the case they filed in June was an enjoinment to prevent the merger and acquisition of Activision/Blizzard until their own FTC judge (read: an administrative law judge that exists outside of Article III and is within the chain of command of the Executive branch) could hear the case on August 2nd. The merger had a termination date of July 18th, so they needed that to continue their administrative review. Discovery was finished, it was just the trial, but without being able to enjoin the trial because in the opinion of Judge Jacqueline Scott Corley they were unlikely to prove the merits of their assertions, the trial before the FTC judge would have been moot by the time it occurred. It’s been formally cancelled by the FTC by the way.
I’m not disagreeing with you by the way, I just wanted a place to park this information in the discussion. They started this action in December and failed to win even an enjoinment against Microsoft and Activision temporarily stopping the merger until their own guy could hear the case.