CELEX: 32018M8998
Language: en
Date: 2018-09-14 00:00:00
Title: Commission Decision of 14/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8998 - KKR & Co. Inc. / Boxer Parent Company Inc.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.9.2018
                                                                C(2018) 6080 final
                                                                   PUBLIC VERSION
                                                                To the notifying party:
Subject:        Case M.8998 – KKR / BMC SOFTWARE
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 14 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        KKR & Co. Inc ("KKR") (USA) acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation sole control of the whole of the undertaking Boxer Parent Company
        Inc. (USA) including its subsidiaries BMC Software Finance, Inc. (USA) and BMC
        Software, Inc. (USA) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for KKR : investment firm that provides asset management services and capital
              markets solutions,
             for Boxer Parent Company Inc. (through its subsidiaries) : the provision of IT
              management and server management software and related services.
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
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 296, 22.8.2018, p. 3.
4       OJ C 366, 14.12.2013, p. 5.
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--- 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
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