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At the time, the Google-Yahoo deal didn’t seem like… well, like such a big deal. Google and Yahoo agreed to hold the deal up, but largely so that Yahoo could back out if Microsoft changed its mind. No one thought that it even needed approval. It’s not a merger, after all.
Yahoo CEO Jerry Yang said, “We believe, given that it’s a commercial agreement, there’s not formal regulatory approval. We agreed with the Department of Justice on a voluntary basis to have them review this deal.”
http://news.cnet.com/8301-10784_3-9967369-7.html
How times have changed.
Ah, but antitrust regulators aren't smart enough to know that -- otherwise they'd be working in the industry themselves. The regulators take a static snapshot and use that as a baseline, which inherently makes any change suspect.