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Published on 12/14/2009 in the Prospect News Special Situations Daily.

Oracle, Sun Microsystems merger closer to gaining approval in Europe

By Lisa Kerner

Charlotte, N.C., Dec. 14 - The European Commission confirmed that it has held "constructive discussions" with Oracle Corp. regarding maintaining MySQL as "an important competitive force in the database market" after Oracle's acquisition of Sun Microsystems, Inc., according to a statement by the commission.

The commission said Oracle announced "binding contractual undertakings to storage engine vendors regarding copyright non-assertion and the extension over a period of up to 5 years of the terms and conditions of existing commercial licenses" and that these are "significant new facts."

Oracle said previously that the proposed transaction "does not threaten to reduce competition in the slightest, including in the database market."

Competition commissioner Neelie Kroes confirmed an earlier statement that she is "optimistic that the case will have a satisfactory outcome."

The deadline for a final decision on the Oracle/Sun Microsystems transaction under the E.U. merger regulation is Jan. 27.

Oracle, a Redwood City, Calif.-based enterprise software company, agreed in April to acquire Sun Microsystems for $9.50 cash per share in a deal valued at approximately $7.4 billion including debt.

Sun is a Santa Clara, Calif., networking computing technologies company.


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