Statement of Oracle Corporation

* Reuters is not responsible for the content in this press release.

Mon Nov 9, 2009 4:57pm EST

  REDWOOD SHORES, CA, Nov 09 (MARKET WIRE) -- 
Today, Oracle (NASDAQ: ORCL) issued the following statement:

    Oracle's acquisition of Sun is essential for competition in the high end
server market, for revitalizing Sparc and Solaris and for strengthening
the Java development platform. The transaction does not threaten to reduce
competition in the slightest, including in the database market. The
Commission's Statement of Objections reveals a profound misunderstanding
of both database competition and open source dynamics. It is well
understood by those knowledgeable about open source software that because
MySQL is open source, it cannot be controlled by anyone. That is the
whole point of open source.

    The database market is intensely competitive with at least eight strong
players, including IBM, Microsoft, Sybase and three distinct open source
vendors. Oracle and MySQL are very different database products. There is
no basis in European law for objecting to a merger of two among eight
firms selling differentiated products. Mergers like this occur regularly
and have not been prohibited by United States or European regulators in
decades.

    The U.S. Department of Justice carefully reviewed the proposed acquisition
during the normal Hart-Scott-Rodino review and considered it again when
the European Commission initiated a second phase review. On both
occasions the Justice Department came to the conclusion that there is
nothing anticompetitive about the deal, including specifically Oracle's
acquisition of the MySQL database product. The U.S. Department of Justice
approved the acquisition without conditions and terminated the waiting
period under the Hart-Scott-Rodino Act on August 20, 2009.

    Sun's customers universally support this merger and do not benefit from
the continued uncertainty and delay. Oracle plans to vigorously oppose the
Commission's Statement of Objections as the evidence against the
Commission's position is overwhelming. Given the lack of any credible
theory or evidence of competitive harm, we are confident we will
ultimately obtain unconditional clearance of the transaction.

    Cautionary Statement Regarding Forward-Looking Statements

    This press release contains certain forward-looking statements about
Oracle and Sun, including statements that involve risks and uncertainties
concerning the European Commission's Statement of Objections, clearance of
the transaction by the European Commission and satisfaction of other
conditions to closing the transaction. When used in this press release,
the words "plans" and "will" and other similar expressions and any other
statements that are not historical facts are intended to identify those
assertions as forward-looking statements. Any such statement may be
influenced by a variety of factors, many of which are beyond the control
of Oracle or Sun, that could cause actual outcomes and results to be
materially different from those projected, described, expressed or implied
in this document due to a number of risks and uncertainties. Potential
risks and uncertainties include, among others, the possibility that the
transaction will not close or that the closing may be further delayed and
the possibility that Oracle or Sun may be adversely affected by other
economic, business, and/or competitive factors. Accordingly, no assurances
can be given that any of the events anticipated by the forward-looking
statements will transpire or occur, or if any of them do so, what impact
they will have on the results of operations or financial condition of
Oracle or Sun.

    In addition, please refer to the documents that Oracle and Sun,
respectively, file with the Securities and Exchange Commission (the "SEC")
on Forms 10-K, 10-Q and 8-K for additional risks. You are cautioned not to
place undue reliance on forward-looking statements, which speak only as of
the date of this press release. Neither Oracle nor Sun is under any duty
to update any of the information in this press release.

    

Contact:
Karen Tillman
Oracle
Email Contact

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