CELEX: 32021M10469
Language: en
Date: 2021-09-30 00:00:00
Title: Commission Decision of 30/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10469 - GS / CHARLESBANK / MDVIP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.9.2021
                                                                C(2021) 7247 final
                                                                                 PUBLIC VERSION
                                                                The Goldman Sachs Group, Inc.
                                                                200 West Street,
                                                                NY 10282 – New York
                                                                United States of America
                                                                Charlesbank Capital Partners, LLC
                                                                200 Clarendon Street, 54th Floor
                                                                MA 02116 – Boston
                                                                United States of America
Subject:        Case M.10469 – GS / CHARLESBANK / MDVIP
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 2 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Goldman
        Sachs Group Inc. (‘GS’, United States) and Charlesbank Capital Partners, LLC
        (‘Charlesbank’, United States) acquire within the meaning of Article 3(1)(b) of the
        Merger Regulation joint control of the whole of MDVIP, Inc. (‘MDVIP’, United
        States) by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     for GS: a global investment banking, securities and investment management firm
              that provides a range of services worldwide to corporations, financial institutions,
              governments and high-net-worth individuals. GS’ global activities are generally
              divided into four segments: (i) global markets/fixed income, currencies, and
              commodities, (ii) investment banking, (iii) asset management, and (iv) consumer
              and wealth management,
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 365, 10.9.2021, p.11.
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---    −    for Charlesbank: a private equity firm with portfolio companies active in business
        services, consumer, healthcare, industrial, technology and technology
        infrastructure, primarily in North America,
   −    for MDVIP: operation of a network of physicians in the US who provide
        membership based primary care services to patients, focusing on delivering
        personalised medicine, patient-centered and preventive care.
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) and 5(b) 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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