Oracle v. DOJ. And the winner is…

by on September 10, 2004

Oracle! Chalk one up for Oracle in its battle against its former allies at the Antitrust Division. Yesterday, a federal court threw out DOJ’s (somewhat screwy) challenge to Oracle’s takeover bid for PeopleSoft. Using some market share ledgermain, DOJ maintained that the merged firm would dominate some specific, narrow, carefully defined, somewhat imaginary sub-sub-markets of the business software market. Never mind that it’s quite a crowded field, with major competitors such as SAP, countless minor players, a looming giant (Microsoft of course), and changing technology that would undermine any dominance anyway. Despite the win, the issue isn’t settled yet, as DOJ may still appeal, and an investigation is still ongoing in Europe (remember SAP?). Of course, if Oracle needs any advice on how to proceed, there probably are a few folks at Microsoft who can share their experiences.

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James Gattuso / James Gattuso is a Senior Research Fellow in Regulatory Policy in the Roe Institute for Economic Policy Studies at The Heritage Foundation. Gattuso also leads the Enterprise and Free Markets Initiative at Heritage, with responsiblity for a range of regulatory and market issues. Prior to joining Heritage, he served as Vice President for Policy at the Competitive Enterprise Institute and also as Vice President for Policy Development with Citizens for a Sound Economy (CSE). From 1990 to 1993, he was Deputy Chief of the Office of Plans and Policy at the Federal Communications Commission. From May 1991 to June 1992, he was detailed from the FCC to the office of Vice President Dan Quayle, where he served as Associate Director of the President's Council on Competitiveness. He lives in Alexandria, Virginia with his wife Dana, 8 year-old son, Peter (whom he relies upon to operate his VCR), and his four year-old daughter Lindsey (who does the DVD player.) He has no known hobbies, but is not nearly as boring as he seems.

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