Following a three-week trial in United States v. Bazaarvoice, Inc., U.S. District Court Judge William Orrick ruled that Bazaarvoice’s already-consummated merger with rival PowerReviews, Inc. limited competition in violation of federal antitrust law. Playing a key role in the Court’s ruling were highly contentious documents and emails discussing the merger, including an email from one of Bazaarvoice’s co-founders commenting that the proposed deal would provide “relief from  price erosion.”
Judge Orrick is now challenged with fashioning a remedy given that the merger has already been consummated. The parties are considering mediation to find a suitable remedy. To aid in the process, Bazaarvoice has agreed to provide the DOJ additional information, including customer lists.