Activision Blizzard, Inc., et al. v. Hayes, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § ACTIVISION BLIZZARD, INC., § PHILIPPE G.H. CAPRON, JEAN-YVES § CHARLIER, ROBERT J. CORTI, § FREDERIC R. CREPIN, JEAN-FRANCOIS § DUBOS, LUCIAN GRAINGE, BRIAN § G. KELLY, ROBERT A. KOTICK, § ROBERT J. MORGADO, RICHARD § SARNOFF, REGIS TURRINI, VIVENDI § S.A., ASAC II LP, AND ASAC II LLC, § § Defendants Below, § Appellants, § § v. § § DOUGLAS M. HAYES, ON BEHALF OF § HIMSELF AND ALL OTHERS § SIMILARLY SITUATED AND § DERIVATIVELY ON BEHALF OF § NOMINAL DEFENDANT ACTIVISION § BLIZZARD, INC., § § Plaintiff Below, § Appellee. § § No. 497, 2013 Court Below-Court of Chancery of the State of Delaware, in C.A. No. 8885-VCL Submitted: October 10, 2013 Decided: October 10, 2013 Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc. ORDER This 10th day of October, 2013, it appears to the Court that: IT IS HEREBY ORDERED that the Court unanimously concludes that the Court of Chancery s judgment must be REVERSED. We hold that there is no reasonable possibility of success on the merits. The Stock Purchase Agreement here contested is not a merger, business combination or similar transaction. An Opinion will follow in due course. A special form of mandate will issue today reserving jurisdiction in this Court solely for the purpose of issuing the Opinion. BY THE COURT: /s/ Myron T. Steele Chief Justice

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