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Sunday, November 8, 
8:31 am

DOJ challenge to Google-Yahoo! pact looms

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Tom_Barnett_DOJ.jpgIt looks like it won't be long until the Justice Department notifies Google Inc. [GOOG] and Yahoo! Inc. [YHOO] of a potential legal challenge over the companies' proposed search advertising partnership.

Lawyers for the two companies submitted a final proposal to DOJ antitrust lawyers Monday, cutting back the terms of the agreement to two years and limiting Yahoo!'s take from the partnership to 25% of its total search-ad revenue. A lawyer involved in the review, however, said the companies fear DOJ is so vehemently opposed to any agreement that the watered-down version would still face an agency legal challenge. The original deal proposed a 10-year term with a higher revenue stream targeted to aid Yahoo! as it sought ways to fight off Microsoft Corp.'s [MSFT] hostile takeover back in February.

A decision on the Google-Yahoo! matter will likely come soon because Assistant Attorney General Tom Barnett (pictured) is expected to announce his resignation within days. The administration had asked officials to remain until the election, but historically, a deputy fills the slot in an acting capacity until the inauguration.

DOJ staff has already urged Barnett to oppose the deal. Barnett has rejected staff advice in several high-profile mergers, but that's not likely to happen here, according to sources. Already, Deputy Assistant Attorney General David Meyer has expressed opposition to the arrangement. One lawyer said Meyer, who is responsible for antitrust issues in the technology sector, announced during one meeting that he had a "visceral reaction" against the agreement. -- Cecile Kohrs Lindell


See Nov. 3 post from Tech Confidential

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