Prior notification of a concentration (Case M.11314 – BAIN CAPITAL / OUTSOURCING) – Candidate case for simplified procedure
Date: 2024-01-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, employment service, full-time employment, investment company, merger control, personnel administration, temporary employment








C_202400588EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/588


4.1.2024






Prior notification of a concentration
(Case M.11314 – BAIN CAPITAL / OUTSOURCING)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/588)


1.   
On 19 December 2023, 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, LLC (‘Bain Capital’, USA),










—


Outsourcing Inc. (‘Outsourcing’, Japan).




Bain Capital will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Outsourcing.
The concentration is accomplished by way of public bid announced on 8 December 2023.


2.   
The business activities of the undertakings concerned are the following:






—


Bain Capital is a private equity investment firm, incorporated in the United States, that invests in companies across Europe, the Americas, and the Asia-Pacific region in several industries, including information technology, healthcare, retail and consumer products, communications, financial services, and industrial/manufacturing,










—


Outsourcing is a Japanese company active in the provision of human resource services. Outsourcing operates in 39 countries, through 98 group companies. In the European Union, Outsourcing group companies are active in the supply of temporary and permanent employment services.






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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11314 – BAIN CAPITAL / OUTSOURCING
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2024/588/oj
ISSN 1977-091X (electronic edition)