# C_2014392EN.01000401.xml

| 7.11.2014 | EN | Official Journal of the European Union | C 392/4 |
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7.11.2014

EN

Official Journal of the European Union

C 392/4

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Prior notification of a concentration

(Case M.7436 — Vista/TIBCO)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 392/04

| 1. | On 31 October 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vista Equity Partners LLC (‘Vista’, United States) acquires within the meaning of Article 3(1)(b) sole control of TIBCO Software Inc. (‘TIBCO’, United States) by way of purchase of shares. |
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1.

On 31 October 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vista Equity Partners LLC (‘Vista’, United States) acquires within the meaning of Article 3(1)(b) sole control of TIBCO Software Inc. (‘TIBCO’, United States) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Vista: private equity firm,
  —   for TIBCO: provision of infrastructure and business intelligence software. |
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2.

The business activities of the undertakings concerned are:

—   for Vista: private equity firm,

for Vista

—   for TIBCO: provision of infrastructure and business intelligence software.

for TIBCO

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7436 — Vista/TIBCO, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7436 — Vista/TIBCO, 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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(2)  OJ C 366, 14.12.2013, p. 5.

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