EU Hesitating On Oracle/Sun Deal Antitrust Clearance - Source
September 02 2009 - 8:47AM
Dow Jones News
The European Commission still hasn't decided whether it should
clear enterprise software company Oracle Corp.'s (ORCL) $7.4
billion deal to buy Sun Microsystems Inc. (JAVA) or launch a full
fledged four-months antitrust probe, a person familiar with the
situation said Wednesday.
The commission, which is the highest antitrust authority in
Europe, must decide what to do with the deal by the end of
Thursday.
The main obstacle to the deal gaining regulatory approval
relates to concerns about Oracle obtaining computer networking
technology developer Sun's MySQL database, the person said.
The commission in August asked for feedback from software
competitors and the companies' clients about whether the deal might
cause competition problems related to Sun's Java computer
programming language; software which glues separate programs
together, known as "middleware"; and databases.
Industry experts thought if the regulator was going to have any
problems with the deal it would concentrate on the Java programming
language, as it is the main product driving the deal.
Even if the commission chooses to launch a probe, it isn't
likely to block the takeover. The commission has been reluctant to
prevent mergers since a spate of decisions in 2000 were overturned
in the European courts, hurting its reputation.
However, it often asks companies for concessions. These can
include divestments where there is a strong overlap, or asking
companies to restrict business in certain areas.
The deal has already been cleared by the U.S. Justice
Department.
European Commission competition spokesman Jonathan Todd declined
to comment on the progress, saying the deadline was set for
Thursday.
-By Peppi Kiviniemi, Dow Jones Newswires; +3227411483;
peppi.kiviniemi@dowjones.com