Bazaarvoice Trial Will Test Antitrust Question For Done Deals
Sep.19.2013 — Competition and Mergers & Acquisitions Law360
New York-based Antitrust Group counsel, Olivier N. Antoine, discusses the U.S. Department of Justice's challenge of Bazaarvoice Inc.'s $168.2 million acquisition of a rival online product ratings platform business. The case will force the court to contend with a rarely litigated question unique to mergers that have already closed: whether a deal not yet having thwarted competition means it won't do so further down the road. Antoine notes, "Every time you have a challenge in a consummated deal you have a data point that you don't have otherwise, [and] if there's no evidence of post-closing consumer harm, the question is why. It'll be interesting to see whether this is really a differentiator here, considering they had very little time outside of the regulatory process even though it's a consummated deal."