Prior notification of a concentration (Case M.11366 – FIVE ARROWS / TA ASSOCIATES / AGILIO) – Candidate case for simplified procedure
Date: 2024-01-15
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, company member, consultancy, dentist, economic concentration, financial services, investment company, merger control, physician, software








C_202400829EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/829


15.1.2024






Prior notification of a concentration
(Case M.11366 – FIVE ARROWS / TA ASSOCIATES / AGILIO)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/829)


1.   
On 22 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:






—


Five Arrows Managers LLP (‘Five Arrows’, United Kingdom), controlled by Rothschild & Co,










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TA Associates Cayman, LLC (‘TA Associates’, Cayman Islands), controlled by TA Associates Management L.P.,










—


Agilio Software Topco Limited (‘Agilio’, United Kingdom), currently controlled by August Equity LLP.




Five Arrows and TA Associates will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Agilio.
The concentration is accomplished by way of purchase of shares.


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






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Five Arrows is provides investment management services to a range of private equity and private debt vehicles, as part of Rothschild & Co.’s merchant banking division; it is ultimately controlled by Rothschild & Co., which is organized around three main areas of activity: (i) the ‘financial advisory’ division, which includes advisory services in mergers and acquisitions, financing and debt restructuring and capital markets transactions; (ii) the ‘private banking and asset management’ division, which focuses on the preservation, growth and transfer of private and institutional clients’ wealth and assets; and (iii) the ‘merchant banking’ division, which offers products to private and institutional investors wishing to invest in the private equity markets,










—


TA Associates is the ultimate general partner of each TA Associates fund acquiring an interest in Agilio; it is ultimately controlled by TA Associates Management L.P., an investment adviser that provides investment advice to TA funds,










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Agilio is active in the development and sale of software solutions for dentists and general medical practitioners.






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.11366 – FIVE ARROWS / TA ASSOCIATES / AGILIO
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/2024/829/oj
ISSN 1977-091X (electronic edition)