The Industry Standard - Yahoo!/Google ad deal fails regulatory muster? - Comments

I don't think anything else

Daniel Fort — Wed, 19 Nov 2008 06:43:34 -0800

I don't think anything else is coming on this.

A little more..."To Yahoo's

Eric Hill812251 — Wed, 05 Nov 2008 14:17:26 -0800

A little more..."To Yahoo's dismay, Google backed off to avoid a challenge from the U.S. Justice Department, which said it would sue to block the Yahoo deal to preserve competition in Internet advertising." Could be viewed as a "failed to meet regulatory muster". Definitely leaning more towards a 100% judgment. Unfortunate gray area.

That is why I asked early on

David Kuan — Wed, 05 Nov 2008 11:21:39 -0800

That is why I asked early on how this prediction is to be handled if deal is abandoned. No response was received to address that.

While the deal wasn't

Daniel Fort — Wed, 05 Nov 2008 10:47:01 -0800

While the deal wasn't "thrown out", it's certainly not going to pass regulatory muster ("This prediction will be judged after Yahoo and Google officially receive the blessing of the U.S. federal government.") - which I assume would be the requirement for success. Also, I think we can assume Google feels any acceptable deal to them would in fact be "thrown out" or else they wouldn't have walked.

So I'd say it's definitely not a 0%, it's arguably a 100%, and it's certainly a gray area.

This is kind of a tricky

Eric Hill812251 — Wed, 05 Nov 2008 10:06:00 -0800

This is kind of a tricky one, guys.

If you read today's reports, they say, "The U.S. Department of Justice was planning to block Google's proposed advertising deal with Yahoo, leading to Google's announcement Wednesday that it was backing out, according to Yahoo."

In my mind, that would render a favorable judgment towards, "Yahoo!/Google ad deal fails regulatory muster?" However, I could see an argument made that due to the way Bradley stated, "This is a prediction that the partnership deal will be thrown out by the DoJ and/or FTC," - which didn't specifically happen - some could ask for a 0% judgment.

I'm leaning towards favorable judgment due to the news reports today, but am curious about your opinions.

Well.. this one can now be

David Kuan — Wed, 05 Nov 2008 08:30:11 -0800

Well.. this one can now be judged. Google has just announced decision to abandon the deal with Yahoo.

Looks like those with active

David Kuan — Mon, 03 Nov 2008 18:13:26 -0800

Looks like those with active bet on this one will have to wait a tad longer as Yahoo/Google revise deal plan and resubmit to DOJ.

http://www.reuters.com/article/technologyNews/idUSTRE4A26OW20081103?feed...

Indeed, as the WSJ reports,

Eric Hill812251 — Fri, 31 Oct 2008 10:00:46 -0700

Indeed, as the WSJ reports, this could be judged/determined next week.

http://www.washingtonpost.com

David Kuan — Fri, 31 Oct 2008 05:14:07 -0700

http://www.washingtonpost.com/wp-dyn/content/article/2008/10/31/AR200810...

This is seeming less and

Eric Hill812251 — Wed, 29 Oct 2008 09:28:53 -0700

This is seeming less and less likely.

Looks like Yahoo and Google

David Kuan — Tue, 14 Oct 2008 11:30:36 -0700

Looks like Yahoo and Google are planning for concessions with DOJ to gain approval.

The deal was delayed on

Eric Hill812251 — Sat, 04 Oct 2008 08:34:38 -0700

The deal was delayed on Thursday. Not thrown out, but delayed. It is unclear when a judgment might occur. It does seem to cast some doubt on a favorable outcome, however. Only time will tell.

European Commission has been

David Kuan — Tue, 16 Sep 2008 07:33:04 -0700

European Commission has been review Google-Yahoo ad deal

@Bradley and TIS, did not

David Kuan — Fri, 12 Sep 2008 19:45:07 -0700

@Bradley and TIS, did not get an answer from last time so I am asking again. How will this be judged if either Google/Yahoo abandons the deal? According to the Google/Yahoo deal (http://www.sec.gov/Archives/edgar/data/1011006/000089161808000399/f42710...), it states that

16.2.1 The Parties will implement the Services under this Agreement 105 days after the Effective Date (or as extended upon agreement of the parties), or sooner if a Governmental Authority provides notice that any regulatory issues, objections or concerns have been resolved.

The 105 days points to a September 25 date. DOJ decision may not happen by then. However, there is stipulation for both parties to extend the date as needed.

Also, October 11 is the date by which Google and/or Yahoo can decide to abandon the deal to avoid lawsuit.

16.2.4 Either Party may terminate the Agreement (a) 120 days after the Effective Date in order to avoid or end a lawsuit or similar action filed on competition-law grounds if (i) such party has taken all actions in compliance with this Section 16.2 including offering to make commercially reasonable amendments to this Agreement, and (ii) defending such action is not commercially reasonable with respect to that Party (taking all factors into account, including without limitation effects on a party’s brand or business outside the scope of the Agreement); or (b) if a court of competent jurisdiction has entered an order enjoining the implementation of the Agreement.

Articles:
http://blogs.ft.com/techblog/2008/09/jerry-yangs-next-date-with-destiny-...
http://precursorblog.com/content/countdown-14-days-until-google-yahoo-do...

The Google/Yahoo ad deal may

David Kuan — Wed, 10 Sep 2008 10:46:41 -0700

The Google/Yahoo ad deal may be in jeopardy.. DOJ hired big guns attorney for potential antitrust lawsuits on Google. This news had quite a bit of coverage (samples below):
http://arstechnica.com/news.ars/post/20080909-doj-girds-loins-for-possib...
http://www.thedeal.com/techconfidential/money-out/blog/money-out/litvack...
http://rss.macworld.com/click.phdo?i=a927c7b8749d53e6b4bfb07433a0bee4
http://www.wired.com/techbiz/it/news/2008/09/portfolio_0909
http://www.paidcontent.org/entry/419-doj-hires-top-litigator-for-possibl...
http://valleywag.com/5047080/doj-hires-gun-to-bust-up-google-and-yahoo-a...
http://lawprofessors.typepad.com/antitrustprof_blog/2008/09/is-doj-ready...
http://www.internetnews.com/government/article.php/3770376/DoJ+Intensifi...
http://abajournal.com/news/doj_hires_well_known_litigator_in_google_anti...
http://www.cio.com/article/448427/Report_DOJ_Hires_Antitrust_Expert_in_G...

Yahoo!/Google ad deal fails regulatory muster?

Bradley Baker — Wed, 25 Jun 2008 21:17:26 -0700

Various groups, including most notably Microsoft, are likely to express concerns to the Department of Justice about the recently-announced advertising partnership between Yahoo! and Google.

Those companies have publicly stated that they don't believe regulatory approval is necessary, but that in a show of good faith they intend to seek it prior to the commencement of activities under the deal.

This is a prediction that the partnership deal will be thrown out by the DoJ and/or FTC.

There has been some recent movement in this story here. This prediction will be judged after Yahoo and Google officially receive the blessing of the U.S. federal government.