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Hastings Law Journal

Abstract

The decision in United States v. Oracle Corp. has the potential to obliterate the government's ability to successfully block certain mergers. The unique set of circumstances in Oracle created little binding precedent on Judge Vaughn Walker, who did not shy away from using this freedom. The court set forth requirements for the government that differed drastically from those proposed in Merger Guidelines promulgated by the Federal Trade Commission and the Department of Justice -requirements that effectively .increased the burden of proof for the government. In addition, the Oracle court disregarded volumes of the government's evidence, requesting instead evidence that would be nearly impossible for any litigant to offer.

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