# C_2009183EN.01003201.xml

| 5.8.2009 | EN | Official Journal of the European Union | C 183/32 |
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5.8.2009

EN

Official Journal of the European Union

C 183/32

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Prior notification of a concentration

(Case COMP/M.5529 — Oracle/Sun Microsystems)

(Text with EEA relevance)

2009/C 183/11

| 1. | On 30 July 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sun Microsystems, Inc. (‘Sun’, USA) by way of purchase of shares. |
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1.

On 30 July 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sun Microsystems, Inc. (‘Sun’, USA) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for Oracle: development, manufacture and distribution of enterprise software, including middleware, database software and enterprise applications software and related services, |
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2.

The business activities of the undertakings concerned are:

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for Oracle: development, manufacture and distribution of enterprise software, including middleware, database software and enterprise applications software and related services,

| — | for Sun: standards-based computing infrastructure, including enterprise computing systems, software and storage. |
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for Sun: standards-based computing infrastructure, including enterprise computing systems, software and storage.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5529 — Oracle/Sun Microsystems, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5529 — Oracle/Sun Microsystems, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1.

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