The US DoJ challenges consummated a $5 million merger in the voting equipment systems industry (Election Systems and Software / Premier Election Solutions)

On March 8, 2010, the Antitrust Division of the Department of Justice (the "DOJ") and nine states announced a settlement in their challenge of Election Systems & Software Inc.'s ("ES&S") $5 million acquisition of Premier Election Solutions, Inc. and PES Holdings, Inc. ("Premier"). At the time of the transaction in September 2009, ES&S and Premier were the two largest suppliers of voting equipment systems in the US, with approximately 70 percent market share combined. The settlement follows a DOJ investigation that was initiated notwithstanding that the transaction was not subject to the reporting requirements of the Hart-Scott-Rodino ("HSR") Antitrust Improvements Act of 1976 [1]. To address the competitive concerns raised by the transaction, ES&S agreed to divest certain

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