Oracle

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Factors Discussed by Courts and Tribunals U.S. • Arch Coal (2004) Illustrative Cases • Court denied FTC's motion for preliminary injunction • Dairy Farmers of America (DFA) (2004) • Summary judgment for DFA • <strong>Oracle</strong>/Peoplesoft (2002) • Court dismissed government challenge • SunGard Data Systems/Comdisco (2001) • Court declined to enjoin transaction • Staples/Office Depot (1997) • Court blocked proposed merger 8
Factors Discussed by Courts and Tribunals Illustrative Cases Canada • Canadian Waste (2001) – landfill site • Tribunal found substantial lessening of competition (SLC) and ordered divestiture • Superior Propane (2000) – propane distribution • SLC, but parties won on efficiency defense • Southam (1992) - newspapers • SLC in only one small market • Hillsdown (1992) - rendering • Tribunal dismissed Competition Bureau's application 9
Page 1 and 2: STANDARD OF PROOF IN MERGER CASES K
Page 3 and 4: Persuading the Regulator • Merger
Page 5 and 6: Persuading the Regulator • Custom
Page 7: Factors Discussed by Courts and Tri
Page 11 and 12: Factors Discussed by Courts and Tri
Page 29: John Bodrug jbodrug@dwpv.com 1 Firs

Oracle

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