One notable trend contributing to the uptick in enforcement is the high level of litigation talent within the U.S. agencies, which have recruited a number of seasoned litigators and practitioners from private practice. These litigators are building on previous successes based on drawing narrow product markets, and as a result of recent wins, the FTC and DOJ are more confident in rejecting insufficient remedy proposals and pursuing tough cases. Mr. Sunshine noted that the agencies' track record of success provides momentum for future litigation. Mr. Schwartz added that one such win, Bazaarvoice, which involved a transaction that was not reportable under the Hart-Scott-Rodino Act, exemplifies the agencies' willingness to unwind closed transactions and pursue divestiture and possibly disgorgement, where appropriate.