JUSTICE DEPARTMENT WILL NOT APPEAL ORACLE DECISION

WASHINGTON, D.C. - R. Hewitt Pate, Assistant Attorney General in charge of the Department’s Antitrust Division, issued the following statement today after the Department announced that it would not appeal the decision of the U.S. District Court for the Northern District of California in the Oracle case:

“We have decided not to appeal the district court’s decision. The evidence, including the testimony of numerous customers, strongly supported our case against this proposed transaction. While we disagree with the district court’s disappointing decision, we respect the role of the courts in the United States merger review process. Similarly, while we disagree with some of the legal observations in the district court’s opinion, the ultimate outcome rested on detailed factual findings that would appropriately receive great deference in the appellate process. I commend the efforts of the fine Antitrust Division lawyers and economists who worked so hard to protect competition in this case, as well as the efforts of the 10 state attorneys general who joined us in this effort.”

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04-670