Yeah but they put themselves in a much better position if the standard process Falls through. They're now the largest shareholder in the company, and while they only have 10% of the shares since they are the largest shareholder they have some swing now. And if they wanted to they're closer than any other shareholder and getting the majority share which would make it easier for a hostile takeover.

They are likely trying to keep this a friendly takeover via acquisition if at all possible, due to the fact that if they attempted to do this via hostile takeover, from software would almost certainly claim a Clayton Act violation in the US which would Force the decision to go into legal proceedings in the court under Monopoly clause, and would also almost certainly Force the FTC into investigating whether or not it would be considered anti-competitive.

That's just in the US though, I'm not sure what other Monopoly law exist outside that but generally the US is considered to be one of the more lenient when it comes to monopolies so I'm sure it only gets stricter.