CELEX: 32020M9930
Language: en
Date: 2020-09-15 00:00:00
Title: Commission Decision of 15/09/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9930 - LGP / TPG / WELLSKY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                DG Competition
                                        Case M.9930 - LGP / TPG /
                                        WELLSKY
                                   Only the English text is available and authentic.
                               REGULATION (EC) No 139/2004
                                         MERGER PROCEDURE
                               Article 6(1)(b) NON-OPPOSITION
                                                         Date: 15/09/2020
In electronic form on the EUR-Lex website under document
                                                 number 32020M9930
 ---pagebreak---                                 EUROPEAN COMMISSION
                                                                Brussels, 15.09.2020
                                                                C(2020) 6387 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9930 – LGP / TPG / WELLSKY
                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 18 August 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Leonard Green
        & Partners, L.P. (“LGP”, USA) and TPG Capital (“TPG”, USA) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the
        whole of WellSky Corporation (“WellSky” or the "Target", USA), currently solely
        controlled by TPG by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     LGP: private equity investment firm, primarily investing in companies providing
              services, including consumer, business, and healthcare services, as well as retail,
              distribution, and industrials,
        −     TPG: private investment firm that manages a family of funds that invest in a
              variety of companies through acquisitions and corporate restructurings,
        −     WellSky: provider of specialty healthcare software (Software as a Service,
              “SaaS” and other software platforms), used in the management of clinical,
              financial and administrative work flows. In the EEA, WellSky only markets
              software solutions, which address medication management and chemotherapy
              management software.
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 280, 25.08.2020, p. 21.
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(a) 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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