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ARTICLE · 18 JANUARY 2013

U.S. DOJ Challenge To Consummated Transaction Highlights Danger Of Bad Documents

Jones Day
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The U.S. Department of Justice has filed an antitrust lawsuit challenging a June 2012 transaction combining two providers of product rating and review platforms (PRR platforms) used to collect and display consumer-generated online product feedback.

United StatesAntitrust/Competition Law
Kathryn Fenton
Kathryn Fenton
Chip MacDonald
Chip MacDonald
Craig Waldman
Craig Waldman
Paula Render
Paula Render
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The U.S. Department of Justice has filed an antitrust lawsuit challenging a June 2012 transaction combining two providers of product rating and review platforms (PRR platforms) used to collect and display consumer-generated online product feedback.  This lawsuit highlights how merging parties' "hot" documents can attract significant interest from the antitrust agencies and, if damaging enough, even lead to merger challenges.  This lawsuit also serves as a reminder that U.S. antitrust enforcers can challenge mergers even after closing, and even for deals not subject to premerger notification under the HSR Act.

The complaint alleges that the acquisition of PowerReviews, Inc. by Bazaarvoice Inc. is likely to substantially lessen competition for PRR platforms used by U.S. retailers and manufacturers.  The DOJ charged that Bazaarvoice was the leading commercial supplier of PRR platforms with PowerReviews being its closest competitor by a wide margin.  According to an

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