The EU Commission unconditionally clears a merger in the software industry (Oracle / Peoplesoft)

In the early years of an antitrust system, market definition and structural analysis – i.e. analysis of competitive effects based on market shares – usually tend to dominate. But as the system matures, the structural approach tends to give way to a more economically sophisticated analysis of competitive effects. The Oracle/PeopleSoft merger provides an illustration of this trend, and gives a flavour of the type of analysis we can expect to see increasingly often as the European Commission applies the new EC Merger Regulation (ECMR). Oracle/PeopleSoft, at over 12 months from notification to decision, was the longest proceeding in the history of EU merger control [1]. There are many facets of interest: it was a true “gap” case as it was decided under the old ECMR, but fitted neither the

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  • Compass Lexecon (London)

Quotation

Matthias Pflanz, The EU Commission unconditionally clears a merger in the software industry (Oracle / Peoplesoft), 26 October 2004, e-Competitions October 2004, Art. N° 53079

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