For some reason it popped into my head today about the Nokia deal, where despite all of Iceland(?) that each had tiny individual holdings in the company -mostly as employees and family of employees - so were collectively the biggest shareholder 50 times over and didn't want to sell and kill their brand/workplace, the sale of the company still went ahead because one (IIRC) less than 5-10% institutional shareholder with major voting rights wanted the deal to go ahead, and fast forward to the outcome, all the lucrative telecoms patents - that the deal was for - all ended up owned by Microsoft.
Anyway, the point of that thought was that despite believing ATVI would vote against a continuation of the deal beyond the deadline, I began to wonder if the Warren Buffets of this world are actually in a similar decision making place with ATVI, and if so, even if the appeal to the CAT would eventually achieve nothing to let the deal happen, the question is whether Microsoft would see $3b as a viable cost to kill PlayStation's first refusal terms with ATVI for continued CoD marketing, as the deal would expire through the 2year CAT appeal process and ATVI would be locked out of renegotiating with PlayStation - presumably -, basically putting Xbox back on level terms with PlayStation for CoD in the UK and US markets, despite being outsold significantly by then worldwide.
I don't think that is the angle, but I'm now less sure that ATVI's refusal to extend the deal is such a sure thing because of how small a group of institutional shareholders might be needed to make that decision.