Winter 2014, Volume 3, Number 1

In January 2014, a consummated merger between Bazaarvoice and PowerReviews (both firms are third-party providers of ratings and review platforms that allow online shoppers to comment on purchases and allow prospective buyers to see how other consumers rated products) was found to be violative of Section 7 of the Clayton Act. This DOJ court victory throwing out the 2012 merger of Bazaarvoice and PowerReviews involved several meaty antitrust questions: unwinding a consummated merger (here, one that was exempt from HSR reporting) and related remedies; the presence of “hot” documents and intent as a dispositive factor; the value of customer testimony; value of post-merger evidence, “arguably manipulable” evidence; the suitability of traditional merger analysis for high-tech mergers; DOJ’s inclinations to go to trial. Our authors, invited by Danny Sokol, evaluate these questions and bring a variety of opinions to the table. Pull up a seat and dive in!