WASHINGTON, April 10 /PRNewswire-USNewswire/ -- The Washington Legal Foundation (WLF) today noted that antitrust regulators are likely to intensify their scrutiny of strategic arrangements or other business agreements which involve online commerce, particularly those which involve firms holding dominant market shares.

One recent development which could implicate such antitrust scrutiny, WLF stated, involves a recently announced test run of a search advertisement outsourcing arrangement between search market leaders Yahoo and Google.

Published reports indicate that Yahoo would be engaging in a two-week test of "Google Inc.'s AdSense for Search service, which will deliver relevant Google ads alongside Yahoo's own search results." Such an arrangement has been a subject of conversation and media discussion in recent months as Yahoo, which currently holds the number two position in the online search query market, has been examining various business opportunities to increase the company's value and boost revenue.

"Any kind of combination between a dominant market leader and the company with the second largest market share will implicate antitrust concerns," said Glenn G. Lammi, Chief Counsel of WLF's Legal Studies Division. "Two companies need not merge their full functions in order to run afoul of competition laws. Even an outsourcing agreement like the one being tested, whether it's done all at once or implemented in phases, could be suspect under the Sherman Antitrust Act."

At least one key federal policy maker, Senator Herbert Kohl who chairs the antitrust subcommittee in the Senate Judiciary Committee, has noted he is keeping an eye on the test run and its potential impact on competition. Even if such an arrangement could secure the approval of U.S. antitrust officials, Lammi noted that competition authorities in other prominent markets, such as Europe, are even more likely to give it greater scrutiny.

Washington Legal Foundation is a national, non-profit, public interest law and policy center. By utilizing a unique approach to forward its mission -- publishing timely legal studies, engaging in innovative litigation, and communicating directly to the public -- WLF has become the nation's most effective legal advocate of free enterprise. SOURCE Washington Legal Foundation

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