Apple, Inc. v. Motorola, Inc. et al

Filing 169

Declaration of James McGill Aitken filed by Plaintiff Apple, Inc. in Support of Reply re: 154 Motion to Stay (Attachments: # 1 Ex. 1, EU Merger Regulation, # 2 Ex. 2, Motorola Proxy Statement, # 3 Ex. 3, Best Practices Guidelines, # 4 Ex. 4, Oracle 8-K, # 5 Ex. 5, DOJ press release, # 6 Ex. 6, EU Sun Oracle decision, # 7 Ex. 7, TomTom Fed. Register, # 8 Ex. 8, TomTom EU decision, # 9 Ex. 9, Nokia Fed. Register, # 10 Ex. 10, Navteq EU decision, # 11 Ex. 11, DOJ GE Honeywell Press Release, # 12 Ex. 12, EU Decision re GE Honeywell) (Haslam, Robert)

EXHIBIT 5

Department of Justice Antitrust Division Issues Statement on the European Commissi... Page 1 of 1

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FOR IMMEDIATE RELEASE
MONDAY, NOVEMBER 9, 2009
WWW.USDOJ.GOV

AT
[phone]
TDD [phone]

DEPARTMENT OF JUSTICE ANTITRUST DIVISION ISSUES STATEMENT
ON THE EUROPEAN COMMISSION'S DECISION REGARDING THE PROPOSED
TRANSACTION BETWEEN ORACLE AND SUN
WASHINGTON
Deputy Assistant Attorney General Molly Boast of the Department of
Justice's Antitrust Division issued the following statement today after the European Commission
(EC) issued a statement of objections regarding Oracle Corporation's proposed acquisition of
Sun Microsystems Inc.:
"After conducting a careful investigation of the proposed transaction between Oracle and Sun,
the Department's Antitrust Division concluded that the merger is unlikely to be anticompetitive.
This conclusion was based on the particular facts of the transaction and the Division's prior
investigations in the relevant industries. The investigation included gathering statements from a
variety of industry participants and a review of the parties' internal business documents. At this
point in its process, it appears that the EC holds a different view. We remain hopeful that the
parties and the EC will reach a speedy resolution that benefits consumers in the Commission's
jurisdiction.
"Several factors led the Division to conclude that the proposed transaction is unlikely to be
anticompetitive. There are many open-source and proprietary database competitors. The
Division concluded, based on the specific facts at issue in the transaction, that consumer harm
is unlikely because customers would continue to have choices from a variety of well established
and widely accepted database products. The Department also concluded that there is a large
community of developers and users of Sun's open source database with significant expertise in
maintaining and improving the software, and who could support a derivative version of it.
"The Department and the European Commission have a strong and positive relationship on
competition policy matters. The two competition authorities have enjoyed close and cooperative
relations. The Antitrust Division will continue to work constructively with the EC and competition
authorities in other jurisdictions to preserve sound antitrust enforcement policies that benefit
consumers around the world."
###
09-1210

http://www.justice.gov/atr/public/press_releases/2009/251782.htm

27/09/2011