The European Union’s formal objection to Oracle’s proposed acquisition of Sun has evidently transformed the database giant’s intransigence into grudging agreeability. The EU has extended the deadline for approval of the $7.4 billion merger to Jan. 27 from Jan. 19 at Oracle’s request.
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For Oracle, whose acquisition of Peoplesoft and Siebel Systems cleared in Europe without conditions, news that the European Commission issued formal objections to its purchase of Sun was likely particularly galling. According to Oracle CEO Larry Ellison, Sun is already losing $100 million a month as it waits for regulatory approval, and judging from the price of the company’s stock today, it may be losing even more.
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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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Oracle’s pending acquisition of Sun will undoubtedly be the subject of much discussion this afternoon when the database behemoth reports fiscal first-quarter earnings after the market close. Indeed, there’s quite a bit of jawing about it already, particularly about Oracle’s continued commitment to the deal in light of the ugly decline in Sun’s revenues and profitability since it was announced in April.
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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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Intel proclaims itself a “Sponsor of Tomorrow,” but the company isn’t going to be a sponsor of the European Union if it can help it. The chip maker filed an appeal today challenging the European Commission’s $1.45 billion antitrust fine against it–the agency’s largest ever in a monopoly-abuse case.
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So Google has finally copped to developing an operating system–Chrome OS, a software platform “created for people who spend most of their time on the Web, and…designed to power computers ranging from small netbooks to full-size desktop systems.” It is an extraordinary market play. And an unsettling one. For it seeks to place Google, which already collects vast amounts of data about our Internet use, at the very center of our information experience. The privacy implications of that are, of course, horrendous.
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Microsoft’s proposal to remove Internet Explorer from Windows 7 in Europe may put the company in compliance with European law, but it’s not going to lead to better competition in the browser market. That’s the word from Microsoft’s rivals at home and abroad who say the “must-carry” provision the European Commission has been mulling as a solution to the company’s antitrust indiscretions is the only one that will work.
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What a brilliant move. The European Commission claims Microsoft’s practice of bundling Internet Explorer with Windows violates European competition laws, so the company strips IE out of European versions of Windows 7. Now the Commission can’t argue that Microsoft’s behavior distorts fair competition in the browser market because, well, there’s no browser.
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What silliness. Microsoft and the European Commission have canceled a face-to-face hearing in an antitrust case pending against the company over a scheduling dispute, of all things.
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Looks like Microsoft has settled on a legal defense for its European Commission antitrust inquiry: Sanction us and you might as well just hand the search market entire over to Google. Sources with knowledge of Microsoft’s legal strategy tell the New York Times that the company will argue that an EC mandate to distribute other browsers with its Windows operating system will hurt its competitive position in the search market.
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Microsoft has a far easier time meeting legal deadlines than software ship dates, doesn’t it? The European Commission today said the company met its deadline to respond to charges that its bundling of Internet Explorer with Windows violates European competition laws.
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“Talk is cheap,” EU Competition Commissioner Neelie Kroes once said. “Flouting the rules is expensive.” Truer words, especially for Microsoft, which may soon face significant penalties abroad for bundling its Internet Explorer Web browser and Windows OS.
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