Vaughan R. Walker, chief judge of the U.S. District Court for California’s Northern District, explains his decision in the Oracle antitrust case.

Because of the constant shifts in the tech industry, Walker warned, the long-term competitive harm or benefit of technology mergers is especially difficult to judge. “Sometimes the key question in deciding a merger case should not be whether a merged firm would exercise market power, but assuming that the firm will exercise such power, how long that state of affairs is likely to persist.”

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