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US DoJ Accuses Oracle Of Withholding Evidence In Antitrust Probe

by Glen Shapiro, LawAndTax-News.com, New York

11 March 2004

The US Department of Justice (DoJ) on Tuesday accused business software firm, Oracle Corp of withholding crucial information in the Department's antitrust investigation of Oracle's planned hostile takeover of rival firm, PeopleSoft.

The DoJ legal team revealed that Oracle had refused to turn over customer discount forms to the investigation. They argued that these forms are "among the most important evidence in the investigation" because they reveal the extent to which Oracle discounts its software in order to undercut PeopleSoft.

"The discount forms are among the most direct evidence that the presence of PeopleSoft in the marketplace directly affects the prices and features of (the Oracle) software," DoJ lawyers revealed in a pre-trial brief.

Although the government department had initially agreed that Oracle could defer production of the majority of the forms, it explained that it had since reached the conclusion that the forms will be of fundamental importance to the case.

Oracle, meanwhile, is demanding to know the names of firms planning to testify on the DoJ's behalf against the takeover deal.

According to reports, a trial date of June 21 has been requested by both parties.

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