Enlarge (credit: INA FASSBENDER / Contributor | AFP )

Last December, Call of Duty gamers sued Microsoft , seeking to block its merger with Activision, partly because they alleged that the merger would set up Microsoft to dominate industry rivals, drive up prices, and reduce consumer choice. Yesterday, a California judge, Jacqueline Corley, granted Microsoft’s motion to dismiss the suit, saying that the gamers didn’t “plausibly allege” that the merger “creates a reasonable probability of anticompetitive effects in any relevant market.”

Gamers suing don’t plan to give up this fight that easily, though. They have 20 days to amend their complaint to include more evidence that demonstrates those anticompetitive effects are likely to harm them personally.

The gamers' lawyer, Joseph Alioto, told Ars that he believes they have ample evidence to satisfy the judge in this case. He confirmed that gamers intend to file their amended complaint as soon as possible. Rather than being discouraged by the judge’s dismissal, Alioto told Ars that the gamers were pleased by Corley’s order.