FOR IMMEDIATE RELEASE FRIDAY, OCTOBER 1, 2004 WWW.USDOJ.GOV AT (202) 514-2007 TDD (202) 514-1888 WASHINGTON, D.C. - R. Hewitt Pate, Assistant Attorney General in charge of the Departments Antitrust Division, issued the following statement today after the Department announced that it would not appeal the decision of the U.S. District Court for the Northern District of California in the Oracle case: We have decided not to appeal the district courts decision. The evidence, including the testimony of numerous customers, strongly supported our case against this proposed transaction. While we disagree with the district courts disappointing decision, we respect the role of the courts in the United States merger review process. Similarly, while we disagree with some of the legal observations in the district courts opinion, the ultimate outcome rested on detailed factual findings that would appropriately receive great deference in the appellate process. I commend the efforts of the fine Antitrust Division lawyers and economists who worked so hard to protect competition in this case, as well as the efforts of the 10 state attorneys general who joined us in this effort. 04-670
Source: US Department of Justice