Tuesday, November 3, 2009
European Union Mulling Objection to Oracle-Sun Deal
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.
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.
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. 
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.
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.”
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.
“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.
Pat Gelsinger isn’t the only Intel veteran leaving the company amid the big management restructuring announced today. Longtime general counsel Bruce Sewell is taking his leave as well. Which is odd, since Sewell has been quarterbacking Intel’s fight against antitrust allegations at home and abroad since, well, since they were first brought against the company.
Approved without incident by Sun shareholders in July and the U.S. Justice Department in August, Oracle’s planned $7.4 billion acquisition of Sun Microsystems seemed poised to easily pass muster with European regulators as well. Sadly for Oracle, that’s not how things have played out. Citing “serious concerns” about the deal’s effect on competition in the market for databases, the European Commission has opened an in-depth investigation into it.
The Justice Department’s extended antitrust review of Oracle’s proposed acquisition of Sun apparently turned up few issues of concern. Oracle said this afternoon that regulators have approved the $7.4 billion deal with no restrictions.
