# C_2020415EN.01003301.xml

| 1.12.2020 | EN | Official Journal of the European Union | C 415/33 |
| --- | --- | --- | --- |

1.12.2020

EN

Official Journal of the European Union

C 415/33

---

Prior notification of a concentration

(Case M.10042 — Vista Equity Partners/Francisco Partners Management/SmartBear Software)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 415/13)

1.

This notification concerns the following undertakings:

| — | Vista Equity Partners Management, LLC (‘Vista’, USA), |
| --- | --- |

—

Vista Equity Partners Management, LLC (‘Vista’, USA),

| — | Francisco Partners Management LP (‘Francisco Partners’, USA), |
| --- | --- |

—

Francisco Partners Management LP (‘Francisco Partners’, USA),

| — | SmartBear Software, Inc. (‘SmartBear’, USA), controlled by Francisco Partners. |
| --- | --- |

—

SmartBear Software, Inc. (‘SmartBear’, USA), controlled by Francisco Partners.

Vista and Francisco Partners acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of SmartBear. The concentration is accomplished by way of purchase of shares.

2.

| — | for Vista: investment firm focused on empowering and growing enterprise software, data and technology-enabled businesses. Vista controls a number of portfolio companies that are active in the provision of IT services such as the provision of business software, |
| --- | --- |

—

for Vista: investment firm focused on empowering and growing enterprise software, data and technology-enabled businesses. Vista controls a number of portfolio companies that are active in the provision of IT services such as the provision of business software,

| — | for Francisco Partners: private equity firm exclusively focused on investments in technology and technology-enabled businesses. Francisco Partners currently exercises sole control over SmartBear, |
| --- | --- |

—

for Francisco Partners: private equity firm exclusively focused on investments in technology and technology-enabled businesses. Francisco Partners currently exercises sole control over SmartBear,

| — | for SmartBear: active in the provision of software solutions focused on application testing, monitoring, and development. SmartBear provides tools across the entire software development lifecycle, including tools for test automation, API lifecycle, collaboration, performance testing, and test management. |
| --- | --- |

—

for SmartBear: active in the provision of software solutions focused on application testing, monitoring, and development. SmartBear provides tools across the entire software development lifecycle, including tools for test automation, API lifecycle, collaboration, performance testing, and test management.

3.

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 the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10042 — Vista Equity Partners/Francisco Partners Management/SmartBear Software

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---