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ARTICLE · 16 JANUARY 2013

The Importance Of Managing Document Creation In M&A Transactions

Davies Ward Phillips & Vineberg LLP
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The U.S. DOJ alleges that the PowerReviews acquisition substantially lessens competition in the U.S. market for online platforms for customer product ratings and reviews.

CanadaAntitrust/Competition Law
Mark Katz
Mark Katz
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For anyone considering the sale or acquisition of a business in Canada in 2013, we suggest that your New Year's resolutions include the following: "I will not jeopardize my transaction's chances for success by creating internal documents that are likely to attract the Competition Bureau's attention."

If the reasons for adopting this type of resolution are not clear already, then we refer you to the U.S. Department of Justice's ("U.S. DOJ") lawsuit of January 10, 2013 challenging Bazaarvoice Inc.'s acquisition of PowerReviews Inc. (see http://www.justice.gov/atr/public/press_releases/2013/291185.htm). The acquisition, which was below the relevant merger notification thresholds in the United States, closed in June 2012.

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