Testimony: SAP, Microsoft would rein in Oracle

It's a question of when, not if, Microsoft will compete with SAP, Oracle and PeopleSoft in the market for business applications, an Accenture executive testified Wednesday at the Oracle antitrust trial.

"It's just a matter of time," said Christy Bass, a global managing partner at the computer services firm, when asked whether Microsoft and Germany's SAP compete.

Bass, who helps Accenture customers that install SAP's applications, testified on behalf of Oracle, which is defending a US$7.7 billion bid to buy rival PeopleSoft against a U.S. Justice Department injunction to block the proposed merger. The Justice Department argues that such a merger would leave insufficient competition in a market that would be dominated by Oracle and the other remaining big-three firm, SAP.

Bass' testimony could bolster a central argument in Oracle's defense--that Microsoft is gearing up to increase its share of the market for software programs that help big companies with their accounting and human resources tasks. The Justice Department argues that SAP, Oracle and PeopleSoft are the only suppliers in that market, and that Microsoft is not a viable option for large, global companies.

The theme of much of Bass' testimony was the strong position that Germany's SAP holds in the business-management applications market. The Justice Department has argued that although SAP is the largest supplier of such software in world, it is often more expensive than Oracle and PeopleSoft and therefore is not a viable option for some companies.

Bass contradicted that stance, saying that SAP's software, including installation and maintenance, is sometimes cheaper than PeopleSoft's and Oracle's and that costs vary from one customer to the next.

Oracle attorney Dan Wall said the Accenture testimony demonstrates a weakness in the government's antitrust case--the SAP factor.

"The government theory is predicated on the notion that we could unilaterally raise prices, but we can't do that if we have strong competition against us," Wall said. "SAP is a powerful inducement (for Oracle) to behave competitively now and forever."

In earlier testimony Wednesday, a Justice Department witness, the chief information officer for the state of North Dakota, said it pitted Oracle and PeopleSoft against each other for a US$21 million software contract. The state chose PeopleSoft and said the two companies cut their prices nearly in half during the state's meticulous review process.

"I don't believe we would have seen that kind of price competition if we hadn't had the head-to-head competition," between Oracle and PeopleSoft, said Curtis Wolfe, the North Dakota CIO.

The trial opened June 7 with the Justice Department presenting its case. Testimony has come from large companies--DaimlerChrysler, Verizon and others--that use the kind of software Oracle and its competitors sell. The Justice Department's witnesses have expressed concern that software implementations would cost millions of dollars more in a market without PeopleSoft, and current PeopleSoft customers have said they fear Oracle will stop supporting their software, making costly new systems a necessity.

Oracle is expected to present its case after the Justice Department finishes. The nonjury trial is expected to last about four weeks.

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