JURIST Digital Scholars
US v. Oracle Corporation [CA]
US v. Oracle Corporation [CA]

United States Northern District of California, United State District Chief Judge Vaughn Walker, September 9, 2004. Review the opinion [PDF – long, 164 pages]. Excerpt:

Plaintiffs have failed to prove the likelihood that a post-merger Oracle and SAP would tacitly coordinate by allocating customers or markets. Accordingly, the plaintiffs have not met their burden of establishing anticompetitive coordinated effects.

Plaintiffs have failed to prove an area of localized competition between Oracle and PeopleSoft in which a post-merger Oracle could profitably impose a SSNIP. Accordingly, plaintiffs have not met their burden of establishing the likelihood of anticompetitive unilateral effects.

Notwithstanding that plaintiffs have failed to carry their burden to be entitled to relief, Oracle has not proved by a preponderance of the evidence cognizable efficiencies sufficient to rebut any anticompetitive effects of Oracle's acquisition of PeopleSoft.

Because plaintiffs have not shown by a preponderance of the evidence that the merger of Oracle and PeopleSoft is likely substantially to lessen competition in a relevant product and geographic market in violation of 15 USC § 7, the court directs
the entry of judgment against plaintiffs and in favor of
defendant Oracle Corporation.

Reported in JURIST's Paper Chase here.