Microsoft Corp. this week said it has entered an agreement with Sony Corp. to keep the Call of Duty franchise on PlayStation consoles after its acquisition of Activision Blizzard Inc.

Phil Spencer, CEO of Microsoft Gaming, said Microsoft and PlayStation signed a binding agreement to keep the FPS shooter on PlayStation.

The Ninth Circuit Court of Appeals in San Francisco this week denied an appeal by the Federal Trade Commission to prevent the closure of Microsoft Corp.’s acquisition of Activision Blizzard Inc.

The appeal was filed after a federal judge denied the FTC a motion for preliminary injunction.

A U.S. district court judge Tues. said in the ruling that the FTC failed to show that Microsoft would likely pull Call of Duty from the PlayStation or that an ownership of Activision content with substantially lessen competition in the video game library subscription and cloud gaming markets.

Following the ruling against the FTC, Microsoft and UK-based Competition and Markets Authority made a joint submission to the Competition Appeal Tribunal to a stay in litigation in order to address UK concerns for the pending acquisition.