Case | HBS Case Collection | November 2005 (Revised February 2006)

Oracle vs. PeopleSoft (A)

by Lynn S. Paine, Guhan Subramanian and David Millstone


Focuses on the hotly contested takeover battle between software rivals Oracle and PeopleSoft in 2003 and 2004. Raises novel issues of takeover law under Delaware corporate law as well as issues of fair competition under California law. A central issue is whether the PeopleSoft board's adoption of a "Customer Assurance Program" is a permissible move to protect customers or an impermissible takeover defense.

Keywords: Mergers and Acquisitions; Software; Ethics; Law; Governing and Advisory Boards; Information Technology Industry; United States;


Paine, Lynn S., Guhan Subramanian, and David Millstone. "Oracle vs. PeopleSoft (A)." Harvard Business School Case 306-058, November 2005. (Revised February 2006.)