Friday, February 10, 2012

DoJ Reacts To EC On Oracle Deal

November 9, 2009

U.S. Deputy Assistant Attorney General Molly Boast Monday reiterated the Justice Department's view that Oracle's proposed purchase of Sun Microsystems is unlikely to be anticompetitive even though the European Commission has objected to the deal. "After conducting a careful investigation of the proposed transaction between Oracle and Sun, the department's antitrust division concluded that the merger is unlikely to be anticompetitive," Boast said in a statement. "At this point in its process, it appears that the EC holds a different view. We remain hopeful that the parties and the EC will reach a speedy resolution that benefits consumers in the commission's jurisdiction."

Oracle acknowledged in a news release that the commission, the European Union's regulatory arm, has objected to the deal and is seeking more information regarding the acquisition. The commission is apparently concerned that combining Sun's MySQL database product with Oracle's products could harm competition in the database market, according to Oracle and various news sources. The Justice Department approved the Oracle-Sun deal without conditions in August. Boast said her department's approval of the deal was based on several factors. "The division concluded, based on the specific facts at issue in the transaction, that consumer harm is unlikely because customers would continue to have choices from a variety of well established and widely accepted database products," she said.

Noting that there are at least eight "strong players" in the database market, Oracle said "there is no basis in European law for objecting to a merger of two among eight firms selling differentiated products." The business software maker said it plans to "vigorously oppose" the commission's statement of objections and predicted its merger with Sun will ultimately be approved without conditions.

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Juliana Gruenwald

Tech Writer

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.