How did the following facts about Oracle affect your decision to file a lawsuit -- it also sells databases, it's a pretty dominant player in that market, and it only runs its applications on its databases?
We were aware during our investigation that PeopleSoft and SAP run enterprise software on a variety of databases and that Oracle runs its enterprise software only on its own databases. That could have some bearing on what the likely consequences of the merger might be. But we were able to determine, with a high degree of confidence, that without regard to the underlying databases used by enterprise software, the merger would harm competition for customers who need the type of software defined in the two markets that are mentioned in our complaint. That does not mean that there won't be additional issues or some attention at trial to the database question.
Oracle says it will prevail in court. How confident are you the Justice Department will win its case, and why are you confident?
When we announced the challenge to the merger, we thought the decision here was clear and that the evidence will demonstrate that the merger is anticompetitive and should not be allowed to go through. The reason we are so firm in that conclusion is because we have spent a great deal of time and effort examining the evidence, in the form of documents and getting evidence from witnesses, before making that decision.
When would you like to see this case go to trial?
We'd like this case to move along very quickly. We do, however, think that there has to be enough time for the court to get a full understanding of the issues and a full understanding of the testimony that the witnesses will bring forward. If you want a prediction, I think a midyear trial date is the sort of thing that has been talked about, and based on our experience in these cases, that would be about right.
