Oracle / Sun Microsystems
European Union | United States
Background
Cleared following understakings to address EC concerns. See, eg: Oracle, ‘Oracle Makes Commitments to Customers, Developers and Users of MySQL’ (Press Release, 14 December 2009)
Caused significant tensions. See, for example:
- Congress of the United States, Letter to Assistant Attorney General, Department of Justice, Christine Varney, 18 September 2009
- Congress of the United States, Letter to Chairman of the Federal Trade Commission, Jonathan Leibowitz, 18 September 2009 (expressing concern about a series of rulings in Europe which they claimed provides ‘evidence of a troublesome trend in Europe toward regulatory protectionism’).
Australia
TBA
China (MOFCOM)
TBA
European Commission
Opened in depth investigation
Cleared following undertanings
See: EC, ‘Mergers: Commission Clears Oracle’s Proposed Acquisition of Sun Microsystems’ (Press Release IP/10/40, 21 January 2010).
United States
Approved following second request review
See: Department of Justice (US), ‘Antitrust Division Issues Statement on the European Commission’s Decision Regarding the Proposed Transaction Between Oracle and Sun’ (Press Release, 9 November 2009).
Cooperation
TBA
Articles and news about this case
Sarah Arnott, ‘Transatlantic Row over Oracle’s Sun takeover’, The Independent, 11 November 2009.
Michael Corkery, ‘Putting the Sun-Oracle Antitrust Case in Perspective’ (20 November 2009) The Wall Street Journal Blogs, 22 January 2010.
John Miller and Peppi Kiviniemi, ‘EU Clears Oracle to Buy Sun Microsystems’, Wall Street Journal (Online), 21 January 2010
Jordan Robertson, ‘EU Probes Oracle-Sun Deal, Cites Open-Source Issue’, AP Online, 3 September 2009
Christine A Varney, 'Our Progress Towards International Convergence' (Paper presented at the 36th Annual Fordham Competition Law Institute Conference on International Antitrust and Policy, New York, 24 September 2009) 2-6
‘Kroes in U-turn on Oracle-Sun Deal’ EurActiv.com (Online), 21 January 2010 <http://www.euractiv.com/en/infosociety/kroes-turn-oracle-sun-deal/article-189132> at 22 January 2010