CELEX: 32021M10233
Language: en
Date: 2021-05-06 00:00:00
Title: Commission Decision of 06/05/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10233 - CLEARLAKE / TA ASSOCIATES / CHARLESBANK / IVANTI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 06.05.2021
                                                                 C(2021) 3369 final
                                                                                 PUBLIC VERSION
                                                                 Charlesbank Capital Partners, LLC
                                                                 200 Clarendon Street , 54th Floor
                                                                 Boston - MA 02116 –Massachusetts
                                                                 USA
                                                                 TA Associates Management, L.P
                                                                 200 Clarendon Street , 56th Floor
                                                                 Boston -MA 02116 Massachusetts
                                                                 USA
                                                                 Clearlake Capital Group, L.P.
                                                                 233 Wilshire Blvd, Suite 800-
                                                                 CA 90401-1207- Santa Monica
                                                                 USA
Subject:        Case M.10233 - CLEARLAKE / TA ASSOCIATES / CHARLESBANK /
                IVANTI
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 14 April 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Clearlake
        Capital Group L.P. (United States), TA Associates Management, L.P. (United States)
        and Charlesbank Capital Partners, LLP (United States) acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of
        Ivanti Software, Inc. (United States) currently controlled by Clearlake and TA
        Associates, by way of purchase of shares.3
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 149, 27.04.21, p.8.
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--- 2. The business activities of the undertakings concerned are:
       for Clearlake: a private investment firm with portfolio companies active in software
        and technology-enabled services, energy and industrials, and consumer;
       for TA Associates: a private equity firm with portfolio companies active in selected
        industries, including business services, consumer, financial services, healthcare and
        technologies;
       for Charlesbank: a private equity firm with portfolio companies active in business
        services, consumer,       healthcare,  industrial   and  technology  and    technology
        infrastructure;
       for Ivanti: Ivanti offers a software platform for companies’ internal IT departments,
        which provides user management and industrial mobility software and solutions.
        Ivanti’s offering allows an organisation’s internal IT department to track and log IT
        issues, and track completion/resolution of the issues.
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(b) 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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