By Jeffrey May, J.D.
The Department of Justice Antitrust Division is unable to establish each element of its case against Bazaarvoice, Inc. over its 2012 acquisition of competitor PowerReviews, Inc., Bazaarvoice has told the federal district court in San Francisco. The government’s trial in the merger challenge began today before Judge William H. Orrick, III. Bazaarvoice contends that it is entitled to judgment in its favor because the government has failed to allege a valid relevant market, high market shares in a properly defined market, and harm resulting from the transaction (U.S. v. Bazaarvoice Inc., Civ. C 13 0133).
The government filed a
In light of its size, the acquisition was not reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, which requires companies to notify and provide information to the Justice Department and the FTC before consummating certain large acquisitions. The Justice Department began its investigation shortly after the transaction closed.
According to the
Bazaarvoice, in its
“The evidence at trial will instead show that PRR platforms are one of many offerings in the highly competitive and dynamic social commerce tools market, that competition in PRR platforms remains just as (if not much more) intense now as before the merger, and that PRR platform purchasers have not been harmed in any way,” according to Bazaarvoice.
It is anticipated that the trial will continue through October 8.
Attorneys: Michael Domenic Bonanno for U.S. Department of Justice. Daniel Paul Weick (Wilson Sonsini Goodrich and Rosati) for Bazaarvoice, Inc.
Companies: Bazaarvoice, Inc.
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