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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Wow. Intel and AMD’s seemingly endless legal battles have finally ended. The two companies said early Thursday that they have reached a comprehensive agreement that resolves their many antitrust and patent disputes. Under its terms, Intel will pay AMD $1.25 billion and agree to “abide by a set of business practice provisions” presumably crafted to temper its alleged anticompetitive practices.
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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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The European Commission today issued a so-called Statement of Objections over Oracle’s proposed acquisition of Sun Microsystems. Disclosed in a regulatory filing by Sun, the document gives formal voice to the EC’s concerns over the fate of Sun’s open-source MySQL database.
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Is there any possibility that Oracle would abandon its bid for Sun? And if Oracle were to walk away, what would happen to Sun? Thomas Weisel Partners analyst Doug Reid weighs both of these questions in a note to investors today, and his answers are worth considering in light of reports that the European Commission may object to the deal.
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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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Though he resigned earlier this year, former MySQL boss Mårten Mickos still has strong opinions about the open-source database outfit, which was acquired by Sun in 2008. In a letter to the European Commission Thursday, Mickos urged regulators to green-light Oracle’s takeover of Sun, arguing that to delay it will only harm competition.
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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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