CELEX: 32015M7773
Language: en
Date: 2015-10-07 00:00:00
Title: Commission Decision of 07/10/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7773 - KKR / SOFTWAREONE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 7.10.2015
                                        C(2015) 6953 final

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|                                                                       |To the notifying party:                                                |
|                                                                       |                                                                       |

Dear Sirs,

Subject:    Case M.7773 - KKR/ SOFTWAREONE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

1. On 08.09.2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of  the  Merger  Regulation  by
  which the undertaking KKR Co. L.P. ("KKR", United States) acquires within the meaning of Article 3(1)(b) of the   Merger  Regulation  indirect
  sole control of the undertaking SoftwareONE Holding AG ("SWO", Switzerland) by way of purchase of shares.[3]

    2. The business activities of the undertakings concerned are:

         -        for KKR: advice to, and management of, global investment activities;

      -    for SWO: software licensing and other IT 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]

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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[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 308, 18.09.2015 p.10.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE