CELEX: 32017M8507
Language: en
Date: 2017-07-03 00:00:00
Title: Commission Decision of 03/07/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8507 - GENUI / SUMMIT / SYCAMORE / MARKET LOGIC SOFTWARE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 3.7.2017
                                                                C(2017) 4735 final
                                                                         PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.8507 - GENUI / SUMMIT / SYCAMORE / MARKET LOGIC
                SOFTWARE
                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 7 June 2017, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Genui GmbH ("GENUI", Germany), Summit Partners L.P. ("Summit", USA) and
        Sycamore GmbH ("Sycamore", Germany) acquire within the meaning of Article 3(1)(b) of
        the Merger Regulation joint control of the undertaking Market Logic Software AG
        ("Market Logic Software", Germany) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − for GENUI: an investment company that holds stakes in medium-sized companies
                 in German speaking countries;
             − for Summit: an international equity investment firm focused on investing in
                 businesses in the sectors technology, healthcare and life sciences, growth products
                 and services to fund growth, recapitalizations and management buyouts;
             − for Sycamore: a private equity firm;
             − for Market Logic Software: a software company that develops and distributes
                 marketing information systems.
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 188,14 June 2017, p. 24.
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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