“The decrease in _____ revenue was primarily due to _____” and “uncertainty associated with the proposed acquisition by Oracle and increased competition.” That refrain is repeated over and over again in Sun’s latest grim earnings report, which was filed without much in the way of announcement Friday afternoon.
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Looks like it’s going to be a very busy fall for Intel legal. This morning, New York Attorney General Andrew Cuomo filed a federal antitrust lawsuit against the company, alleging that it violated state and federal laws with a “systematic campaign” of illegal conduct.
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Oracle CEO Larry Ellison is famous for his admiration of “The Art of War,” Sun Tzu’s sixth-century treatise on battle tactics. And the ancient wisdom has served Ellison well in Oracle’s long-running battle with SAP and its hostile bid for PeopleSoft. But it may get him in trouble when it comes to Oracle’s dealings with the European Commission and its inquiry into the company’s planned acquisition of Sun. The Financial Times reports that Oracle’s refusal to offer any concessions to European antitrust regulators may lead them to issue a formal complaint objecting to the deal.
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What’s the difference between European Commission competition watchdog Neelie Kroes and Oracle CEO Larry Ellison? Kroes isn’t losing $100 million a month on Sun Microsystems. Much as Ellison would like to blame the European Commission for yesterday’s bloodletting at Sun, responsibility lies squarely with Oracle–at least, according to Competition Commissioner Kroes.
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Former Genentech chairman and CEO Art Levinson has resigned from Google’s board, where he has been a director since April 2004. No reason was given for his departure, though his membership on both the Google and Apple boards, and the Federal Trade Commission inquiry into into possible implications of such dual memberships, surely played a role.
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It has been nearly eight years since the U.S. Department of Justice agreed to dissolve its 1956 consent decree with IBM, lifting restrictions that had prevented the company from becoming a monopoly in the market for punch card tabulating machines. But perhaps those restrictions were better left in place. Because on Thursday, the DOJ opened a new investigation into IBM’s business practices, seeking to determine if the company has abused its monopoly position in the mainframe market.
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Microsoft’s proposed antitrust concessions, particularly its offer to give European computer users a choice of Web browsers, appear to have gone over well with the European Commission. This morning, the EC announced a market test of the browser ballot feature Microsoft plans to include in Windows 7.
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The European Commission’s inquiry into Oracle’s proposed acquisition of Sun is costing the database giant dearly. Speaking at a Churchill Club event in Silicon Valley Monday evening, Oracle CEO Larry Ellison said Sun is losing $100 million a month because of the extended European antitrust review. He also said he’d like his company to be “the successor to IBM.”
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Intel’s criticism of the European Commission’s legal acumen clearly has not gone over well in Brussels. The EC today responded to Intel’s claims that the Commission’s antitrust ruling against the company was meted out in error by releasing the full text of its decision and a selection of email correspondence and internal memos that make it clear that Intel probably should have kept its big mouth shut.
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“Manifestly disproportionate.” That’s how Intel describes the record $1.45 billion antitrust fine levied against it by the European Union, one the company evidently believes was meted out in error.
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