# C_2017042EN.01000901.xml

| 9.2.2017 | EN | Official Journal of the European Union | C 42/9 |
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9.2.2017

EN

Official Journal of the European Union

C 42/9

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Prior notification of a concentration

(Case M.8223 — Micro Focus/HPE Software Business)

(Text with EEA relevance)

(2017/C 42/07)

| 1. | On 1 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Micro Focus of the United Kingdom acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the software business of Hewlett Packard Enterprise Company (“HPE”, United States). The proposed transaction will ultimately be effected by merging a subsidiary of Micro Focus with and into a newly formed subsidiary of HPE, which will hold the software business of HPE. Furthermore, Micro Focus (through its subsidiary SUSE LLC “SUSE”) and HPE have entered into an understanding pursuant to which HPE will transfer to Micro Focus certain assets related to HPE's “Helion OpenStack” and “Stackato products”. |
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1.

On 1 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Micro Focus of the United Kingdom acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the software business of Hewlett Packard Enterprise Company (“HPE”, United States). The proposed transaction will ultimately be effected by merging a subsidiary of Micro Focus with and into a newly formed subsidiary of HPE, which will hold the software business of HPE. Furthermore, Micro Focus (through its subsidiary SUSE LLC “SUSE”) and HPE have entered into an understanding pursuant to which HPE will transfer to Micro Focus certain assets related to HPE's “Helion OpenStack” and “Stackato products”.

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| 2. | The business activities of the undertakings concerned are:
  —   for Micro Focus: COBOL (a programming language) development and mainframe solutions, identity access and security solutions, development and IT operations management tools, host connectivity solutions, collaboration and networking solutions and SUSE, an open source operating system.
  —   for the software business of HPE: development of enterprise software products, including software for business service management, application lifecycle management, mobile application testing, big data analytics, service and portfolio management, automation and orchestration, and enterprise security. |
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2.

The business activities of the undertakings concerned are:

—   for Micro Focus: COBOL (a programming language) development and mainframe solutions, identity access and security solutions, development and IT operations management tools, host connectivity solutions, collaboration and networking solutions and SUSE, an open source operating system.

for Micro Focus

—   for the software business of HPE: development of enterprise software products, including software for business service management, application lifecycle management, mobile application testing, big data analytics, service and portfolio management, automation and orchestration, and enterprise security.

for the software business of HPE

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8223 — Micro Focus/HPE Software Business, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8223 — Micro Focus/HPE Software Business, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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