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UPDATE 1-Oracle, Sun deal to be filed to EU in July - source

Published 07/03/2009, 05:52 AM
Updated 07/03/2009, 05:56 AM
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* Information on Java licensing rights to be in EU filing

* Oracle failed to win U.S. fast-track approval in June

* Oracle lawyer has said expects deal to close by Aug. 31

(Adds background)

By Foo Yun Chee

BRUSSELS, July 3 (Reuters) - Oracle Corp's plan to buy computer maker Sun Microsystems will be notified to European Union antitrust authorities this month, a source familiar with the deal said on Friday.

Oracle, the world's No. 3 software maker, announced in April a $7 billion deal to buy Sun, the world's fourth-largest maker of server computers and also the developer of Java and Solaris software.

"The deal will be notified to the European Commission this month," the source told Reuters.

Oracle failed last month to win fast-track approval from U.S. antitrust regulators, who wanted more information on Java licensing rights.

"Information on Java licensing rights will be included in the EU notification," the source said.

Sun's Java software is one of the world's most widely used computer languages. Oracle CEO Larry Ellison has said he wants to tweak Java software so that it is easier to use on smartphones and netbook computers.

A lawyer for Oracle said last month he expected the company soon to win U.S. antitrust approval and to close its purchase of Sun by Aug. 31.

The European Commission, which monitors mergers and takeovers in the 27-country European Union, has 25 working days to review such plans in the first phase. This can be extended to 90 working days if an in-depth investigation is required.

It can either approve the deal as it stands, order modifications, or block the transaction.

Antitrust experts have said they saw no serious antitrust objections to the deal as there was little overlap in the companies' products.

The Commission cleared Oracle's takeover of software rival PeopleSoft in 2004. The U.S. Justice Department had sought to block the purchase but the move was rejected by a U.S. District Court. (Editing by Dale Hudson)

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