An appeal (T-292/10) is being brought by Monty Program AB against the European Commission’s decision of 21 January 2010, to unconditionally approve the acquisition of Sun Microsystems by Oracle Corporation. After carrying out an in-depth investigation, the Commission concluded that the deal was unlikely to raise serious competition concerns. In doing so, it took into account public announcements made by Oracle that it would continue to release future versions of Sun Microsystem’s MySQL database software under a general open source licence. The Commission also found that there was another open source database that would be a credible alternative MySQL. On a separate issue, it reached a level of comfort that the merged entity had no incentive to restrict competitors’ access to its Java development platform intellectual property rights. Monty Program AB is seeking annulment of the decision. It considers that the Commission was wrong to take into account Oracle’s public announcements as a factual basis for removing competition concerns and that the Commission should have applied its notice on remedies to seek formal commitments from the parties. By failing to follow this route, there was no opportunity for the Commission to market test these commitments and Monty Program was deprived of a chance to make its concerns known.