Small victory for Oracle in antitrust appeal case

Small victory for Oracle in antitrust appeal case

Business application software maker Oracle has won a minor battle in its fight to overturn the U.S. Department of Justice's (DoJ) ruling that its proposed takeover of rival software maker PeopleSoft would lead to an anti-competitivre marketplace, by securing the right to review sensitive information submitted by competitors in the discover element of the proceedings.

A number of Oracle's rivals, including PeopleSoft, Microsoft and SAP, requested that restrictions be imposed on Oracle's access to confidential information, detailing things such as bidding procedures, product development plans, and other documents that the rival companies felt could be used by Oracle at a later date to gain a competitive advantage.

Even the DoJ iteself, which uses Oracle's software to run its HR operations, asked that certain documents be withheld, with their fear being that Oracle's counsel could disclose confidential competition information to Oracle staff.

Judge Vaughn Walker, however, denied the requests, concurring with Oracle's attorney's argument that any such restrictions would harm Oracle's ability to fully defend itself. "I don't believe Oracle should be handicapped in its defence," said Walker during the delivery of his ruling.

He added that the harm a restriction order would do to Oracle's case far outweighed the likelihood of disclosure of competitors'information by Oracle's attorneys.

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