Strategic Acquisitions In Competitive Markets: Lessons From An Emerging Technology Company

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Bruna Cristina Alves Ferreira 15/03/2025
Categoria: Ciências Humanas Subcategoria: Direito

Curriculo do autor: Bruna is an attorney with a strong academic background in business law, regulatory compliance, and intellectual property. She holds a Law degree from Universidade Braz Cubas, an MBA in Business Law from Fundação Getulio Vargas, and postgraduate degrees in Tax Law, Labor Law, and Civil Law. Currently, she is pursuing an LL.M. in Intellectual Property and Information Law at Boston University School of Law as a member of their prestigious LLM Leadership Program, enhancing her expertise at the intersection of law, innovation, and business strategy.

In competitive industries, acquisitions serve as a powerful tool for companies to secure their market position, gain technological advantages, and eliminate potential threats. The case of a pioneering company in the alternative materials sector illustrates how a well-executed acquisition strategy can safeguard innovation while enhancing a company’s market leadership.

The company at the center of this case is at the forefront of technological advancements, developing novel materials to disrupt traditional markets. As the first to achieve success in this field, the company had a first-mover advantage. However, in late 2023, it encountered a new challenge—a competitor developing a different but technologically similar product emerged in the market. Although their end applications were distinct, the underlying technology shared similarities, raising concerns that with minor adjustments, the competitor could replicate key innovations.

Compounding this competitive risk, the rival company was struggling to secure additional funding, putting its operations at risk. If this competitor secured new investors or sold its technology to a larger industry player, it could significantly impact the company’s market position. Rather than waiting for this uncertainty to unfold, the company took a proactive approach, assessing whether acquiring the competitor would be the best strategic move.

After analyzing its options, the company determined that a horizontal acquisition was the most appropriate strategy. Since the competitor operated within the same industry, had a similar technological foundation, and catered to overlapping potential customers, acquiring it would provide valuable intellectual property, enhance the company’s technological portfolio, and eliminate a future competitive risk.

To ensure the acquisition was a strategic fit, the company applied two key tests:

  1. The Better-Off Test – Would acquiring the competitor create additional value for the acquiring company?
  2. The Ownership Test – Would full ownership provide greater benefits than alternative commercial arrangements (e.g., partnerships or licensing)?

The better-off test confirmed that integrating the competitor’s technology and expertise would strengthen the company’s market position. The ownership test concluded that exclusive control over the technology was crucial, since licensing or forming an alliance would have left room for the competitor to work with other players, potentially undermining the company’s advantage.

While alternative strategies were considered, each presented significant drawbacks:

  • Partnerships or licensing agreements: These would not prevent the competitor from working with other companies or selling its technology, thereby failing to neutralize the competitive threat.
  • Waiting for the competitor to shut down: This approach was too risky, as the company could have sold its technology to a better-funded rival during a liquidation phase.
  • Organic development: Given the company’s imminent market entry, shifting resources toward replicating the competitor’s technology would have delayed its launch, potentially losing its first-mover advantage.

Given these considerations, a full acquisition was the best course of action. However, despite strong strategic alignment, the deal ultimately fell apart during the due diligence process, highlighting the importance of thorough legal and financial evaluations before finalizing acquisitions.

Had the acquisition been successful, it would have offered several key benefits:
– Securing exclusive technology rights, preventing competitors from gaining access.
– Enhancing the company’s market positioning as a leader in alternative materials.
– Leveraging new expertise from the acquired company to expand product development.
– Eliminating a future market threat, ensuring the company retained its competitive edge.

However, acquisitions also come with risks:
– Integration challenges – Absorbing a startup’s technology, talent, and processes requires a well-structured post-merger plan.
– Cultural misalignment – Differences in company culture can lead to inefficiencies.
– Regulatory scrutiny – In industries involving novel technologies, regulatory approvals for mergers may add complexity.
– Financial risks – If the acquired company’s technology is not fully developed or scalable, the investment could fail to generate the expected returns.

For companies considering a strategic acquisition, this case highlights key best practices:

  • Conduct a thorough competitive analysis to determine whether the acquisition truly eliminates a market threat.
  • Apply structured decision-making tests (e.g., the better-off and ownership tests) to justify the acquisition rationale.
  • Perform extensive due diligence to identify potential deal-breakers before negotiations advance too far.
  • Ensure post-acquisition integration planning is in place to maximize the value of the acquired assets.
  • Move swiftly in high-stakes situations, but not at the expense of risk assessment and legal scrutiny.

While the deal did not materialize, this proactive approach exemplifies how companies can leverage acquisitions as a strategic tool to protect innovation and reinforce market leadership.

As businesses navigate increasingly competitive landscapes, M&A strategies remain a crucial pathway for securing long-term growth, intellectual property, and technological advancements.

Would love to hear your thoughts—what acquisition strategies have you seen work effectively in competitive markets?

Como citar este texto (NBR 6023:2018 ABNT)

FERREIRA, Bruna Cristina Alves. Strategic Acquisitions In Competitive Markets: Lessons From An Emerging Technology Company. Disponível em: https://revistadifatto.com.br/colunas/strategic-acquisitions-in-competitive-markets-lessons-from-an-emerging-technology-company/. Acesso em: 24/04/2025.