Yeah, this is really despicable behavior by the FTC. This appears to be more about a power grab by Kahn than anything to do with her actual Congressional mandate. At best, she has argued that this COULD cause problems IF certain other things happen, which pre-suppose (without any evidence) that MS is lying about its plans. As I understand their legal authority, that is not a sufficient basis for blocking an acquisition.
A loss in court will weaken the FTC somewhat, but Kahn has already achieved her goal of making businesses come grovel at her feet for approval before trying to go about their missions of creating and returning value to shareholders.
You often hear that the government does not control the economy, which is largely true, but it can screw things up. Pouring cash into an economy without liquidity constraints and/or raising minimum wages is one way by driving inflation. Another is over-regulating and interfering in legitimate business activities to hinder growth, which is what we have here. Both of these hurt nearly everyone, especially those who live paycheck to paycheck.
Kahn!!!!