No business is too small for its officers to be careless about what they write. There is no deal too small for antitrust scrutiny. A deal done to “eliminate your primary competitor” may attract government attention, especially when you put that goal in writing. The U.S.’s case against Bazaarvoice, to require essentially the undoing of a transaction, is a reminder to write with discretion. Being a mouse that roared and using colorful language may backfire. Moreover, a business should keep in mind antitrust when considering a transaction with a major competitor, regardless of its size. A deal that may be too small to report is not too small to be investigated.
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Antitrust & Trade Regulation Updates, Mergers & Acquisitions Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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