In what is becoming a routine for Google, the search engine provider's bid to buy Motorola Mobility for $12.5 billion has attracted a second request for info from the Justice Department.
The U.S. Justice Department has issued a second request
for information from Google (NASDAQ:GOOG) concerning the company's $12.5
billion purchase for Motorola Mobility (NYSE:MMI), the Android OEM Google has
picked to protect it from patent litigation.
Google Aug. 15 bid to acquire Motorola, claiming the company's 17,000-plus
current and 7,500 pending patents would provide the company protection
against those who want to sue Google for patent infringement. Google would also likely use the company's set-top box
business to boost its Google TV service.
Motorola makes several leading Android handsets, including
many of Verizon Wireless' (NYSE:VZW) signature Droid models. Even though Google
vowed to let Motorola operate on its own, there have been questions as to whether Google
is looking to wall off its open-source operating system from other OEMs.
As all large acquisition plays by Google do today, the Motorola
bid caught the attention of the DOJ, which in April cleared the search
provider's $700 million acquisition of travel software maker ITA Software.
Google
had hoped to close the deal by the end of the year, or by early 2012, but that
timeline has certainly been thrown off track with the
DOJ's request for
more info on the merger. This doesn't mean the DOJ will block the deal, but it
does mean it found enough antitrust concerns to merit a closer look.
"We believe very strongly this is a pro-competitive
transaction that is good for Motorola Mobility, good for consumers and good
for our partners," said
Denny Woodside, a senior vice president at Google.
"That said, we know
that close scrutiny is part of the process and we've been talking to the U.S.
Department of Justice over the past few weeks. Today we received what is called
a 'second request,' which means that the DOJ is asking for more
information so that they can continue to review the deal. (This is pretty
routine; we've gotten these kind of requests before.)"
Routine might be an overstatement. The
company received second requests from the DOJ in the ITA deal, and
received one in June from the DOJ over its $400 million Admeld buy. Google also fielded
second requests from the Federal Trade Commission over its deal to buy AdMob
for $50 million in 2010, and for its $3.1 billion DoubleClick deal in 2007.
However, as
AllThingsDigital noted, only 4 percent of transactions received a second
request last year from U.S. antitrust agencies. It just so happens Google,
owing to its size and dominant position online, gets more than the average
company.
Still, the DOJ is likely to bless the Motorola bid
because it's a vertical merger concocted by two companies whose businesses are
more symbiotic than directly competitive.
Getting Motorola is more important
than ever for Google, allowing the search provider to protect the Android OEM
that hasn't capitulated to Microsoft in patent litigation. HTC and now Samsung
agreed to pay Microsoft licensing fees for Android handsets they sell.
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