CELEX: 32020M9950
Language: en
Date: 2020-10-06 00:00:00
Title: Commission Decision of 06/10/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9950 - CLEARLAKE CAPITAL GROUP / TA ASSOCIATES MANAGEMENT / IVANTI SOFTWARE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 06.10.2020
                                                                C(2020) 6952 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9950 – CLEARLAKE CAPITAL GROUP / TA ASSOCIATES
                MANAGEMENT / IVANTI SOFTWARE
                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 7 September 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Clearlake
        Capital Group, L.P. (“Clearlake”, United States of America) and TA Associates
        Management, L.P. (“TA Associates”, United States of America), 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. (“Ivanti Software”, United States of America),
        ultimately controlled by Clearlake Capital Group, by way of purchase of shares in
        Icon Software Holdings, Inc (United States of America), the parent entity of Ivanti
        Software.3
2.      The business activities of the undertakings concerned are:
             Clearlake Capital Group: private equity investment, with portfolio companies
              active in software and technology-enabled services, energy and industrials, and
              consumer.
             TA Associates Management: private equity investment, with portfolio companies
              active in selected industries, including business services, consumer, financial
              services, healthcare and technologies.
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 303, 14.9.2020, p. 30.
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---        Ivanti Software: provision of a software platform for companies’ internal IT
        departments, which provides user management, and industrial mobility software
        and solutions.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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