The EU Commission unconditionally clears a merger between two US software companies (Oracle / Sun Microsystems)

Oracle/Sun Microsystems: The challenge of reviewing a merger involving open source software*I. Introduction On 21 January 2010 the Commission unconditionally cleared the planned takeover of Sun Microsystems (‘Sun‘), a software and hardware vendor, by Oracle Corporation (‘Oracle‘), one of the world's leading software companies. The clearance followed an extensive investigation into the database market where Oracle was the leading proprietary vendor and Sun the leading open source vendor. The case also attracted a certain level of public attention and triggered reactions by many parties. The legal test applied in this case was not based on the acquisition or strengthening of a dominant position but on the elimination of an important competitive force, which would be Sun‘s MySQL. The

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Authors

  • European Commission (Brussels)
  • European Commission (Brussels)
  • European Commission - DG MOVE (Brussels)
  • Danish Competition and Consumer Authority (Copenhagen)
  • DG REGIO (Brussels)
  • DG COMP (Brussels)

Quotation

Vera Pozzato, Carl-Christian Buhr, Sabine Crome, Adrian Lübbert, Yvonne Simon, Robert Thomas, The EU Commission unconditionally clears a merger between two US software companies (Oracle / Sun Microsystems), 21 January 2010, e-Competitions Cooperation between National Competition Authorities, Art. N° 34855

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