Analyzed efficiencies of merger: software companies

Analyzed efficiencies of merger: software companies

Mark E. Zmijewski
Technology
Antitrust & Competition | United States Antitrust | Mergers & Acquisitions | Regulatory Economics & Compliance

A CRA expert was retained by the US Department of Justice to analyze alleged efficiencies of approximately $1.2 billion between two leading enterprise software companies. The CRA expert was asked to verify the efficiencies by documenting the calculation of the alleged efficiencies and examining the reasonableness of the company’s documentation, methodology, and analysis of its efficiency calculations. The court relied upon the CRA expert’s conclusion that the alleged efficiencies were not verifiable and not reliable.