CELEX: 32019M9322
Language: en
Date: 2019-04-16 00:00:00
Title: Commission Decision of 16/04/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9322 - Vista / TA Associates / Aptean Inc. / Yaletown Acquiror S.à.r.l.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,16.4.2019
                                                                C(2019) 3108 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9322 – VISTA EQUITY PARTNERS/TA ASSOCIATES/APTEAN
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 22 March 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Vista Equity
        Partners Management, LLC (“Vista”, United States) and TA Associates Management L.P.
        (“TA Associates”, United States) acquire, within the meaning of Articles 3(1)(b) and 3(4)
        of the Merger Regulation joint control of the whole of Aptean Inc. (United States) and
        Yaletown Acquiror S.à.r.l (Luxembourg) (together the “Target”), by way of purchase of
        shares.3
2.      The business activities of the undertakings concerned are:
             − for Vista: private equity firm focused on investments in software, data and
                 technology-enabled businesses;
             − for TA Associates: private equity company active in North America, Europe and
                 Asia, which undertakes buyouts and minority recapitalisations of profitable growth
                 companies;
             − for the Target: seller of software that enables customers to enhance their internal
                 workflows, notably customer relationship management, customer experience
                 management, enterprise resource planning, supply chain management, compliance
                 solutions and knowledge management.
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 121, 01.04.2019, p. 42.
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--- 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 paragraph 5(c) 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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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