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Monday, November 09, 2009
EU objects to Oracle's takeover of Sun
By JORDAN ROBERTSON
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European antitrust regulators have formally objected to Sun Microsystems Inc.'s planned $7.4 billion sale to Oracle Corp., escalating a battle over a deal that has already been cleared in the U.S.

The so-called "statement of objections" that Sun received Monday from the European Commission isn't entirely surprising, since the commission already expressed concerns about possible harm to the database market from an Oracle-Sun tie-up when it launched a formal antitrust probe of the deal in September.

The objection, though, ratchets up tension about the fate of the deal, which Sun badly needs to go through, and presents an interesting challenge for the Obama administration, which has vowed to vigorously pursue antitrust cases and now finds itself at odds with European regulators.

Uncertainty about the deal, which both companies had hoped would close this summer, has wounded Sun, which is losing market share in computer servers to rivals like IBM Corp. and Hewlett-Packard Co. Last week Sun revealed that it lost $120 million in the quarter ended Sept. 27.

In a filing with the Securities and Exchange Commission Monday, Sun stressed that European regulators' objections are the result only of a preliminary investigation and that the commission hasn't made its final decision about the matter. Sun and Oracle are allowed to argue their case to the commission, which Oracle said it will do to correct what it called a "profound misunderstanding" about the companies' markets.

Investors, however, appear skeptical about the deal's chances.

Sun's stock has been stuck below Oracle's $9.50-per-share offer for the company. On Monday it edged up 6 cents to $8.30 in extended trading as Oracle released comments signaling its willingness to fight to keep the transaction in its current form alive.

The European Commission has said it is worried that businesses could have fewer choices and see higher prices if Oracle, the world's biggest proprietary database company, swallows Sun, whose MySQL division makes the leading open-source database.

Oracle said in a statement that the commission's objection "reveals a profound misunderstanding of both database competition and open source dynamics."

"It is well understood by those knowledgeable about open source software that because MySQL is open source, it cannot be controlled by anyone. That is the whole point of open source," the Redwood Shores, Calif.-based company said. Continued...

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The simplest thing would be to ...
Spin MySQL off as a separate entity; and, unbundle it from the Sun infrastructure.

Then MySQL could continue to do what it does, and Oracle could start digging into the server, OS and Java markets.

Sun could be making a lot more off it's hardware if it dropped it's price points and marketed better. Perhaps the Oracle team will have better luck in that area.

If MySQL is the only obstacle, the deal will eventually go through.
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