Oracle

Factors Discussed by Courts and Tribunals
2. Corporate Documents
• Oracle: Win/loss documents may be given significant weight
• Court noted Peoplesoft win/loss report that showed Lawson
competed 27 times for an enterprise customer (SAP – 33;
Oracle – 38) helped to demonstrate "Lawson Amnesia" and
discredit witnesses' claims that Lawson was not in the high
function software market
• SunGard: Win/loss reports showed parties lost more customers to
internal solutions than to all other external vendors combined
• Staples/Office Depot: Parties' planning documents referred to
office supply superstores (and not other retailers) as the
competition and described markets without other superstores as
"non-competitive"
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