This just in from Desire2Learn's patent blog:
Blackboard issued two press releases regarding its acquisition of ANGEL Learning (ANGEL) - one on May 6, announcing the intention to acquire, and one on May 11, stating that the acquisition was complete. Indeed, Matthew Small, Blackboard's chief business officer (and general counsel) stated "I don't think that there's any anti-trust concern with this combination."
On May 14, 2009, nearly 2 weeks ago (and the day that Michael Chasen addressed the attendees at the ANGEL users' conference), the United States Department of Justice, Antitrust Division (DOJ) opened an investigation on the Blackboard acquisition of ANGEL. We were notified that same day (presumably Blackboard and ANGEL Learning were notified well before then). At that time we thought this information was confidential, so we did not disclose it.
Today the DOJ advised us that the investigation is not, and has never been, confidential. In the coming days and weeks, it is likely that we will be responding to requests from the DOJ about the market.
Given the interest of the educational community in these developments, we thought it important to share this information.