DEFENSIVE MERGERS
“[The acquisition is] a blocking maneuver so that our largest competitor does not get acquired by a well-funded competitor to [Buyer].”
“Preemptive defensive strategy that prevents them from being acquired by a larger competitor that could use their scale and reach to disrupt us.”
“Competitive defense – We could keep [target] away from competitors.”
Buyer’s Executive In re Aspen Tech., Inc., Pretrial Brief, at 32 (May 5, 2004)
Buyer U.S. v. Bazaarvoice, Inc., DOJ Opening Statement, at 54 (Sept. 23, 2013)
Buyer New York v. Facebook, Inc., Complaint, at 50 (Dec. 9, 2020)
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