CELEX: 32016M8172
Language: en
Date: 2016-09-14 00:00:00
Title: Commission Decision of 14/09/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8172 - H&F / PERMIRA / GENESYS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 14.9.2016
                                        C(2016) 5923 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case  M.8172 - H&F / PERMIRA / GENESYS
         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 19 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which the undertakings Hellman & Friedman Investors VIII, L.P. as general partner of Hellman & Friedman Capital Partners VIII,  L.P.  and
    its parallel funds, controlled by Hellman & Friedman LLC (‘H&F’, United States) and Permira Holdings Limited (‘Permira’,  Guernsey)  acquire
    within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Genesys Group  (‘Genesys’,  United  States)  by  way  of
    purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – H&F: private equity firm with investments in a variety of sectors;

      – Permira: private equity firm with long-term investments in a variety of sectors;

      – Genesys: development, manufacture and sale of software products and related services for customer interaction management.

 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 320, 01.09.2016, p. 9.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE