L 218/6 Official Journal of the European Union 23.8.2005 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 October 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3216 — Oracle/PeopleSoft) (notified under document number C(2004) 4217) (Only the English text is authentic) (Text with EEA relevance) (2005/621/EC) On 26 October 2004 the Commission adopted a Decision in a merger case under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address: http://europa.eu.int/comm/ competition/index_en.html On 14 October 2003 the Commission received a notifi- cation, pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation), of a proposed concen- tration by which the undertaking Oracle Corporation (Oracle, United States) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the undertaking PeopleSoft Inc. (PeopleSoft, United States) by way of a public bid. On 17 November 2003, the Commission initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation. Following a thorough investigation of the concentration and of its likely impact in the relevant markets for customers, competitors and other players, on 12 March 2003 the Commission sent its objections to Oracle, under Article 18 of the Merger Regulation. According to those objections the transaction was deemed likely to create a dominant position as a result of which effective competition in the common market and in the area covered by the EEA Agreement () OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regu- lation (EC) No 1310/97 (O] L 180, 9.7.1997, p. 1). would be significantly impeded. An oral hearing was held in Brussels on 31 March and 1 April 2004. On 7 April 2004, following the oral hearing, the Commission issued a request for information under Article 11 of the Merger Regulation inviting Oracle to submit further information in order to enable the Commission to take a decision on a ‘broader factual basis’. In the absence of a reply from Oracle, the Commission adopted a decision under Article 11(5) of the Merger Regulation on 14 April 2004 so that the periods laid down in Articles 10(1) and 10(3) of the Merger Regulation were suspended as of this date. Following Oracle’s submission in response to the Commission’s request for information, the timetable in this procedure resumed again on 7 October 2004. The operation was reviewed by the US authorities in parallel with the Commission procedure. In the US a trial has been held in front of the US District Court for the Northern District of California in San Francisco (hereinafter referred to as the District Court of Northern California and the trial as the US trial), having commenced on 7 June 2004. The District Court of