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If You Are Against a Merger of BN and Borders, You...

Publisher’s Weekly has an article that “handicaps” the possible BN takeover of Borders. Before I talk about the article, I’ve heard that some agents and authors have been spreading some alarmist news that the takeover has already begun and that Borders employees are being laid off. Um, no. That is false. Moving on.

PW says that most publishers think that a BN takeover is not likely to happen for various reasons including costs and antitrust considerations. A lawyer familiar with past antitrust proceedings involving publishing, Andrew Berg head of the Sonnenschein Nath & Rosenthal antitrust division, stated that the current government is much more business friendly and was less likely to block these types of mergers. If a Democrat would enter office, however, this could change.

The article has some interesting theories on why the merger won’t happen and why it might. One theory not discussed is the “Failing Company” doctrine and that is if Borders is likely to close anyway, it could be a defense against attacks of the takeover. It’s a narrowly construed defense, but one that might exist.

Jane Litte is the founder of Dear Author, a lawyer, and a lover of pencil skirts. She spends her downtime reading romances and writing about them. Her TBR pile is much larger than the one shown in the picture and not as pretty. You can reach Jane by email at jane @ dearauthor dot com

2 Comments

  1. whey
    Apr 03, 2008 @ 09:44:53

    I got a crush… on Obama

    ReplyReply

  2. Sherry Thomas
    Apr 03, 2008 @ 12:03:27

    I spoke to a couple of borders booksellers and they all seemed fairly unconcerned about the current turmoil. They felt they’d been there before.

    ReplyReply

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