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Oracle

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Factors Discussed by Courts and Tribunals<br />

8. Countervailing Purchasing Power<br />

• Schneider/Legrand<br />

• Merged firm not an "unavoidable trading partner" for<br />

wholesalers<br />

• CFI seemed to accept that wholesalers with a large share<br />

of the market have countervailing power, but also found<br />

that wholesale markets with many small firms had "strong<br />

anarchic competition" which put constant pressure on<br />

manufacturers to give better terms<br />

• SunGard: Customers' option to create internal or captive<br />

hotsites viewed as the merging firms’ primary competition<br />

21

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