Competition Buzz: Merger Review as a Defense Against Hostile Tender Offers: Comments on the Case Oracle/Peoplesoft

By: Francisco Marcos

This paper studies the use of merger review as a shield to obstacle hostile tender offers of a company. Commenting on the transaction Oracle/PeopleSoft (2004) it reflects on the significance and risks of the antitrust authorities’ analysis of M&A. The correct definition of the relevant market and the assessment of potential anticompetitive effects of the transactions are the crucial issues in which parties confront their positions.

Full Content: Wall Street Journal

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