CELEX: 32020M9754
Language: en
Date: 2020-03-16 00:00:00
Title: Commission Decision of 16/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9754 - KII / INFOR) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 16.3.2020
                                                                C(2020) 1796 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9754 – KII/INFOR
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 12 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Koch
        Industries, Inc. (“KII”, United States), acquire within the meaning of Article 3(1)(b) of
        the Merger Regulation sole control of Infor, Inc. (“Infor”, United States), currently
        jointly controlled by Koch Industries Inc. and Golden Gate Private Equity, Inc. by
        way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for KII: privately held corporation that owns a diverse group of companies
              involved in refining and chemicals, process and pollution control equipment and
              technologies, minerals, fertilizers, commodity trading and services, polymers and
              fibers, glass, forest and consumer products, electronic components, ranching,
              printing and packing, enterprise software and investments.
             for Infor: international provider of enterprise resource planning software and
              related services globally.
3.      After examination of the notification, the European Commission has concluded that
        the notified operation falls within the scope of the Merger Regulation and of
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 56, 19.2.2020, p. 11.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    paragraph 5(b) and 5(d) of the Commission Notice on a simplified procedure for
   treatment of certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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