Prior notification of a concentration (Case M.8332 — Koch Industries/Golden Gate/Infor) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-01-18
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control








C_2017016EN.01000801.xml










18.1.2017   


EN


Official Journal of the European Union


C 16/8





Prior notification of a concentration
(Case M.8332 — Koch Industries/Golden Gate/Infor)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 16/06)






1.


On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Koch Industries, Inc (‘Koch Industries’, USA) and Golden Gate Private Equity, Inc (‘Golden Gate’, USA) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Infor, Inc (‘Infor’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Koch Industries is a privately held U.S. corporation which owns a diverse group of companies involved in refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy ranching, and investments.










—


Golden Gate is a San Francisco-based private equity investment firm with approximately USD 15 billion of capital under management. Founded in 2000, Golden Gate is dedicated to partnering with management teams to invest in change-intensive growth businesses. The principals of Golden Gate have a long and successful history of investing with management teams across a wide range of industries and transaction types, including leveraged buyouts, recapitalisations, corporate divestitures and spin-offs and buildups.










—


Infor is an international provider of enterprise resource planning software and related services globally.














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.










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 number M.8332 — Koch Industries/Golden Gate/Infor, to the following address:





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’).

(2)  OJ C 366, 14.12.2013, p. 5.