Prior notification of a concentration (Case M.10576 – BAIN CAPITAL / HELLMAN & FRIEDMAN / ATHENAHEALTH GROUP) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 23/06
Date: 2022-01-17
Institutions: Directorate-General for Competition, European Commission
Subjects: cloud computing, economic concentration, investment company, medical data, merger control, mobile application, provision of services








C_2022023EN.01001201.xml










17.1.2022   


EN


Official Journal of the European Union


C 23/12






Prior notification of a concentration
(Case M.10576 – BAIN CAPITAL / HELLMAN & FRIEDMAN / ATHENAHEALTH GROUP)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 23/06)

1.   
On 10 January 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Bain Capital Investors L.L.C. (‘Bain Capital’, United States),










—


Hellman & Friedman LLC (‘Hellman & Friedman’, United States),










—


athenahealth Group Inc. (‘athenahealth’, United States).




Bain Capital and Hellman & Friedman acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of athenahealth.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Bain Capital: private equity investment firm that invests in companies across a number of industries, including information technology, healthcare, retail and consumer products, communications, financial services and industrial/manufacturing,










—


for Hellman & Friedman: private equity firm focused on market-leading firms with growth potential, and has investments in a variety of sectors worldwide,










—


for athenahealth: cloud-based provider of medical record, revenue cycle, patient engagement, care coordination, and population health services, as well as point-of-care mobile applications.






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 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.   
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. The following reference should always be specified:
M.10576 – BAIN CAPITAL / HELLMAN & FRIEDMAN / ATHENAHEALTH GROUP
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







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

(2)  OJ C 366, 14.12.2013, p. 5.