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Comments of Michael Cohen on Bazaarvoice

January 27, 2014

By MICHAEL COHEN

Congratulations to the Antitrust Division. The agency used its resources, judgment and discretion to proscecute an acquisition below HSR thresholds by one unprofitable technology company of another unprofitable technology company in the "R&R" (Ratings and Reviews) platform space, "novel" when first introduced in 2005 and now "commoditized" in the broader "new, dynamic", "constantly evolving" Social Commerce business, an industry in its "early stage of development". (Quotes from the court's opinion.) Wow thank goodness, and thank you Justice, for ankle shackling yet two more American technology companies in their infancy of a "market" that even as defined, could disappear overnight.

This article originally appeared in the Antitrust & Competition Policy Blog.