Open-Source Software Raises Unique Antitrust Questions

By Jordan Fernandes, Michael Perry and Paul Ragusa (March 26, 2019, 12:11 PM EDT) -- In 2018, IBM Corp. agreed to acquire Red Hat Inc., a leader in developing open-source software and providing related services. The U.S. Department of Justice has recently issued so-called second requests, initiating a more in-depth review of the transaction, highlighting the potential antitrust issues that may face participants in OSS platforms.[1]

Regardless of the outcome of the DOJ's review of IBM/Red Hat, this development serves as a reminder of the potential competitive issues that may arise in strategic transactions involving OSS platforms. Beyond the M&A context, participants in OSS platforms should be cognizant of several potential antitrust concerns that may arise,...

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