Yahoo can escape Microsoft deal if it doesn't measure up to Google |
Register here for our next TechFlash Live networking event, March 23, featuring an expert panel discussing the future of online advertising.
The terms of Yahoo's agreement with Microsoft would allow the Sunnyvale, Calif., company to terminate their partnership if it doesn't perform well enough against Google on the key metrics of revenue per search and U.S. market share, according to a regulatory filing.
Yahoo described the termination provisions in a Form 8-K, filed yesterday afternoon with the Securities and Exchange Commission, but the catch is that the filing doesn't say precisely how well the Microsoft-driven search partnership would need to perform against Google to justify a termination. The filing refers to measures specified in the deal between the companies, without giving the actual numbers.
Here's the provision, part of a broader section on potential justifications for termination of the agreement.
Yahoo! may terminate the Search Agreement if the trailing 12-month average of the RPS in the United States (the “U.S. RPS”) of Yahoo! and Microsoft’s combined queries falls below a specified percentage of Google Inc.’s (“Google”) estimated RPS measured on a comparable basis or if the combined Yahoo! and Microsoft query market share in the United States falls below a specified percentage.
In addition, after five years, there appears to be a different threshold for termination. The filing says that "on the fifth anniversary of the Search Agreement, and any time thereafter, Yahoo! has the right to terminate the Search Agreement if the trailing 12-month average of Yahoo!’s U.S. RPS is less than a specified percentage of Google’s estimated RPS."
Yahoo and Microsoft currently have less than 30 percent of the U.S. search market combined, compared with 65 percent for Google, according to comScore. The Yahoo-Microsoft search partnership requires regulatory approval before it can be implemented.
A Yahoo representative declined to disclose the "specified percentages" in response to our inquiry, but we're holding out hope that the numbers might surface at some point. As one TechFlash reader pointed out via email this morning, "It would say a lot about what Microsoft thinks Bing can achieve relative to Google. Is it 50%? Is it 90%? Those numbers would have very different implications."
Also see coverage by Rafat Ali of paidContent.org.
Previously: Search deal requires Microsoft to hire at least 400 Yahoo workers
Todd Bishop is co-founder and managing editor of TechFlash. He has covered Microsoft and the technology industry for more than five years, most recently as a daily newspaper reporter and blogger based in Seattle.
READ FULL BIOGRAPHYSeattle University Software Engineering
Chinwe Okeke (MSE’08) pursued her graduate degree while working as a developer and technical analyst for the Boeing Company. She picked the SU-MSE program for small class sizes and real world learning opportunities offered through the academic service-learning and capstone projects.
The MSE program at Seattle University is geared for working professionals with classes offered in the evenings. The program builds upon the computing experience of its students and offers courses in a variety of technical and management areas of software engineering, with an emphasis on teamwork and a disciplined approach to problem solving.
Marchex is one of Seattle’s largest ad technology companies with 300+ employees providing call and click based performance marketing products, and managing over $100m in ad budget for tens of thousands of advertisers. Our customers range from local businesses to the Fortune 500.
Our talented and creative product engineering group is hiring.
If you are an innovative software design engineer interested in solving difficult problems at scale, across a wide array of technologies from Lucene to Hadoop to Asterisk and SIP then we’d love to hear from you!
Apply now.
Technology Tax Planning – Did You Take The Deduction?
Technology companies require professional advisors who can assist in all aspects of the business. The BDO Technology Practice provides a full range of services tailored to help address the changing needs of domestic and international companies. In addition to core audit and tax services, BDO professionals can assist technology companies with:
· Revenue recognition
· Business combination accounting
· R&D tax credits
· Compensation and benefits
· Business valuations
Backed by 38 national offices and an international network in 110 countries, we have the domestic and global footprint to serve growing technology companies. Contact sphilpott@bdo.com (audit partner), mreeves@bdo.com (audit partner), psmith@bdo.com (tax partner), tzambito@bdovaluation.us.com (valuation), tfiscus@bdo.com, Director, 206.624.2020