NEWS6 October 2009

Adobe gets the nod from antitrust regulators on Omniture deal

M&A North America

US— Antitrust regulators have signed off on Adobe’s $1.8bn deal to acquire web analytics software firm Omniture, which is set to complete before the end of the year.

The Federal Trade Commission’s Bureau of Competition approved the acquisition this week.

Adobe sees the deal as a “game changer”. It says the combination of creative tools like Acrobat and Photoshop with Omniture’s web analytics, measurement and optimisation technologies will enable ad designers, developers and online marketers to embed “optimisation capabilities” into their creative work, streamlining the delivery of relevant content and increasing ROI.

But with one hurdle cleared, Omniture has been hit by three lawsuits from “purported stockholders” that seek to derail the deal with allegations that the company’s board of directors breached their fiduciary duty to shareholders in agreeing the deal. Adobe is also named in the lawsuits for aiding and abetting the alleged breach of fiduciary duty.

Omniture said it has moved for an order to consolidate all three lawsuits for discovery and trial. “The defendants have not yet responded to the complaints, but intend to defend the lawsuits vigorously,” the company said.