Claude F. Scott, Esq. Pam Cole, Esq. (CA Bar No. 208286) U.S. DEPARTMENT OF JUSTICE, ANTITRUST DIVISION 450 Golden Gate Avenue, Rm. 10-0101 San Francisco, CA 94102-3478 (415) 436-6660 (415) 436-6683 (Fax) Attorneys for Plaintiff the United States of America Also filed on behalf of 7 Plaintiff States (see signature block) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO JUDICIAL DISTRICT
UNITED STATES OF AMERICA, et al., Plaintiffs, v.
ORACLE CORPORATION, Defendant.
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| CASE NO. C 04-0807 VRW Filed May 18, 2004 PLAINTIFFS' WITNESS LIST | PLAINTIFFS' WITNESS LIST Witness Name | Witness Affiliation | Description of Testimony Subjects | Estimated Time of Direct |
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Scott Hatfield | Cox Communications, Inc. | - Cox Communications' HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Bob Bullock | CH2M Hill Inc. | - CH2M Hill's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Richard A. Bergquist | PeopleSoft, Inc. | - PeopleSoft, its products and its focus on "enterprise customers";
- the requirements of "enterprise customers"
- competition among PeopleSoft, Oracle and SAP for the enterprise customer
- entry and repositioning conditions for mid-tier vendors
- role of competition between PSFT and Oracle in new products and innovations
| 2 | Nancy Thomas | IBM Global Services, Business Consulting Services | - software selection and implementation services provided to clients for ERP systems, including HRM and FMS
- vendor characteristics, attributes of ERP systems offered by vendors and the functional needs and requirements of clients
- alternatives available to clients for HRM and FMS systems needs
- selection process for HRM and FMS systems, including information obtained and disclosed
| 1.5 | Laurette Bradley | Verizon Communications Inc. | - Verizon's HRM/FMS system needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Phillip Maxwell | Neiman Marcus Group | - Neiman Marcus' HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Ken Johnsen | Pepsi Americas | - Pepsi Americas' HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition to meet systems needs
- likely impact of proposed transaction
| .75 | Scott Wesson | Apartment Investment and Management Co. | - AIMCO's HRM/FMS system needs
- decision/plans regarding licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Perry E. Keating
| BearingPoint, Inc. | - software selection and implementation services provided to clients for ERP systems, including HRM and FMS;
- vendor characteristics, attributes of ERP systems offered by vendors and the functional needs and requirements of clients
- alternatives available to clients for HRM and FMS systems needs;
- selection process for HRM and FMS systems, including information obtained and disclosed
| 1.5 | Douglas Burgum | Microsoft Corp. | - Microsoft business software, its competition and significance
| 1.25 | Richard Cichanowicz | Nextel Communications | - Nextel's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Leonard Disimone | Metro North, New York | - Metro North's HRM/FMS systems needs
- decision/plans regardng licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Phillip Wilmington | PeopleSoft, Inc. | - the sales process for high-function enterprise software
- competition among enterprise software vendors, including competition between PeopleSoft and Oracle
- the significance of other software vendors or other alternatives
- conditions relevant to possible new entry or repositioning by mid-tier vendors to serve enterprise customers
| 2 | Geoff Penney | Charles Schwab & Co., Inc. | - Charles Schwab's HRM/FMS system needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Curtis Wolfe
| State of North Dakota | - North Dakota's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Scott Elliott
| Kerr-McGee Corporation | - Kerr-McGee's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Arthur Teelak, Jr.
| Erie County, New York | - Erie County's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Michael Gorriz | DaimlerChrylser AG | - DaimlerChrysler's HRM/FMS systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM/FMS systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Mary Glover | Greyhound Lines, Inc. | - Greyhound's HRM systems needs
- decision/plans/experience in licensing and implementing systems and system enhancements
- consideration of available options for HRM systems needs
- competition among Oracle, PeopleSoft, and SAP
- likely impact of proposed transaction
| .75 | Lynn E. Anderson | Cap Gemini Ernst & Young U.S. LLC | - software selection and implementation services provided to clients for ERP systems, including HRM and FMS
- vendor characteristics, attributes of ERP systems offered by vendors and the functional needs and requirements of clients
- alternatives available to clients for HRM and FMS systems needs
- selection process for HRM and FMS systems, including information obtained and disclosed
| 1.5 | Marco Iansiti | Harvard Business School | - Enterprise requirements for FMS/HRM software, and capability and suitability of various vendors to provide applications to meet these requirements
- For further detail, see expert report.
| 3 | Richard Allen | former PeopleSoft, Inc. | - J.D. Edwards, Inc.'s unsuccessful attempt to enter the market for enterprise customers.
| 2 | Kenneth Elzinga | University of Virginia | - Economic analysis of proposed transaction.
- For further detail, see expert report.
| 3 | Preston McAfee | California Institute of Technology | - Economic analysis of competitive effect of proposed transaction.
- For further detail, see expert report.
| 2 | REBUTTAL | | | | Mark Zmiejewski | University of Chicago; Chicago Partners | - Rebuttal of efficiencies evidence anticipated from Oracle.
- For further detail, see expert report
| 2 |
Plaintiff also intends to introduce witness deposition testimony, including video testimony, pursuant to the Case Management Order.
Dated: May 18, 2004 | Respectfully submitted, |
| ____________________________ Claude F. Scott, Esq. Pam Cole, Esq. (CA Bar No. 208286) U.S. DEPARTMENT OF JUSTICE ANTITRUST DIVISION 450 Golden Gate Avenue, Rm. 10-0101 San Francisco, CA 94102-3478 (415) 436-6660 (415) 436-6683 (Fax) Counsel for Plaintiff United States of America _______________/s/________________ Mark Tobey, Esq. Assistant Attorney General Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 (512) 463-2185 (512) 320-0975 (Fax)
Mark J. Bennett, Esq. Attorney General State of Hawaii 425 Queen Street Honolulu, Hawaii 96813 (808) 586-1600 (808) 586-1239 (Fax) Ellen S. Cooper, Esq. Assistant Attorney General Chief, Antitrust Division State of Maryland (410) 576-6470 (410) 576-7830 (Fax) Timothy E. Moran, Esq. Assistant Attorney General Consumer Protection and Antitrust Division One Ashburton Place Boston, MA 02108 (617) 727-2200, ext. 2516 (617) 727-5765 (Fax) Kristen M. Olsen, Esq. Assistant Attorney General Office of the Attorney General of Minnesota 445 Minnesota Street, Suite 1200 St. Paul, Minnesota 55101-2130 (651) 296-2921 (651) 296-9663 (Fax) Jay L. Himes, Esq. Chief, Antitrust Bureau Office of the Attorney General of New York 120 Broadway, 26th Floor New York, NY 10271 (212) 416-8282 (212) 416-8942 (Fax) Todd A. Sattler, Esq. Assistant Attorney General Consumer Protection and Antitrust Division 600 E. Boulevard Ave., Dept. 125 Bismark, ND 58505-0040 (701) 328-2811 (701) 328-3535 (Fax) Counsel for Plaintiff States |
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