UPDATE:US Justice Dept Regulators Clear Oracle-Sun Deal
August 20 2009 - 6:11PM
Dow Jones News
Antitrust regulators at the U.S. Department of Justice on
Thursday cleared Oracle Corp.'s (ORCL) $7.4 billion deal to buy Sun
Microsystems Inc. (JAVA), removing a major hurdle for the
transaction.
Oracle, which makes databases and other software for large
corporations, has said it hopes to close the deal this summer,
which now depends on the approval of European antitrust regulators.
The European Commission must decide by Sept. 3 whether to clear the
acquisition or launch a detailed investigation.
Sun's shareholders approved the deal last month.
Oracle, based in Redwood City, Calif.,has said its acquisition
of Sun, which makes computer servers and owns the widely used Java
technology platform, would transform the information-technology
industry.
The Justice Department's approval is an encouraging sign for
Oracle as it awaits approval from the E.U., said Pacific Crest
analyst Brendan Barnicle.
"The E.U. and the DOJ don't always see eye to eye, but they
aren't usually that far apart," he said.
Europe's antitrust regulator identified three possible problem
areas with the deal, a person familiar with the matter told Dow
Jones Newswires earlier this month.
The European Commission has sent a questionnaire to other
software competitors concentrating on three potential areas of
concern: the Java software language made by Sun; software that
glues separate programs together, known as "middleware"; and
database software, the person said. The questionnaire seeks to
establish whether a merger would lead to higher prices or fewer
choices in those product areas. Companies were required to respond
by Aug. 13.
Oracle hasn't previously had a significant presence in the
hardware business, and it called Sun's Java the most important
software it has ever acquired.
Java is one of the key software building blocks used in Internet
programming and MySQL, an open source database program.
On Monday, Bjorn Schotte, an executive at German software
developer Mayflower GmbH, wrote in an online posting that he had
received a letter from the European Commission inquiring about
contact information for companies "that work with MySQL and open
source products" who might be able to assist in its
investigation.
Commission staff had also asked Schotte in a questionnaire about
the quality of InnoDB database software since its developer,
Finland-based Innobase OY, was acquired by Oracle nearly four years
ago, he wrote.
The Oracle-Sun deal, which came as something of a surprise when
it was announced in April, materialized after acquisition talks
between International Business Machines Corp. (IBM) and Santa
Clara, Calif.-based Sun failed.
The Justice Department's clearance comes after it extended its
antitrust review of the deal back in June. An antitrust lawyer for
Oracle said the department needed additional time to review one
issue about the way rights to Java are licensed.
Oracle declined to comment beyond a statement confirming the
Justice Department's clearance. A Sun spokesperson was not
immediately available for comment.
Justice Department spokeswoman Gina Talamona confirmed the
department closed its antitrust review and took no enforcement
action, but had no further comment.
Oracle shares were up slightly to $21.96 in after-hours trading.
The stock rose 16 cents, or 0.7%, Thursday.
-By Brent Kendall and Jerry A. DiColo, Dow Jones Newswires;
202-862-9222; brent.kendall@dowjones.com
(Dan Gallagher contributed to this report.)