DOJ seeks evidence of

 
 
By Renee Boucher Ferguson  |  Posted 2004-03-10 Email Print this article Print
 
 
 
 
 
 
 


price discrimination"> Separately, the DOJ is requesting that Oracle turn over what it deems the most important evidence in the trial: discount forms. The forms "reveal that [Oracle] can and does engage in price discrimination in that the identification of competitors often affects the level of discounts to customers," reads the DOJs statement to the court. The forms are evidence that in deals where PeopleSoft and SAP AG are present, Oracle discounts its software to have a better shot at winning.
"The forms are among the most direct evidence that the presence of PeopleSoft in the market directly affects prices and features of [Oracles] software," said the DOJs statement.
During its initial investigation, the DOJ had requested—and received—some forms but were denied access to the bulk of them, according to the DOJs filing. The DOJ is basing its case on the supposition that there are three major competitors in enterprise deals: Oracle, PeopleSoft and SAP AG, and that a combination of two of those companies would be bad news for customers. Both parties appear before Judge Vaughn Walker on Wednesday to determine procedures.
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