DOJ & Election Systems Agree on Asset Sell Off

The Antitrust Division is requiring Election Systems & Software (“ESS”) to sell off allversions of Premier’s hardware, software, and firmware used to record, tabulate, transmit or report votes.  The buyer must also be granted a license to use ESS’s software for disabled voters.  A division spokesperson stated that the divestiture will restore competition allowing for competitive bids for immediate voting system needs and would spur innovation going forward.  This is another example of the enforcement agencies increased interest in consummated mergers and acquisitions.  Because of its size, this one did not require pre-merger notification.

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