CELEX: 32021M10481
Language: en
Date: 2021-10-21 00:00:00
Title: Commission Decision of 21/10/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10481 - SILVER LAKE / BV / CLUBESSENTIAL HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 21.10.2021
                                                                C(2021) 7691 final
                                                                                 PUBLIC VERSION
                                                                Silver Lake Group L.L.C
                                                                2775 Sand Hill road,
                                                                Suite 100 Menlo Park
                                                                CA 94025
                                                                USA
                                                                Battery management Corp.
                                                                One Marina Park Drive
                                                                Suite 1100
                                                                Boston- MA 02210
                                                                USA
Subject:        Case M.10481 - SILVER LAKE / BV / CLUBESSENTIAL HOLDINGS
                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 27 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Silver Lake
        Group LLC (‘Silver Lake’, USA) and Battery Management Corp. (‘BV’, USA)
        acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger
        Regulation joint control over the whole of Clubessential Holdings, LLC
        (‘Clubessential’, USA), which is currently solely controlled by BV, by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     For Silver Lake: a global investment firm focused on technology, technology-
              enabled and related growth industries,
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 402, 05.10.2021, p.9.
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 BV: a global, technology-focused investment firm, with a core focus on
        application software, IT infrastructure, consumer internet/mobile and industrial
        technology, as well as technology supported services, and
   −    for Clubessential: a provider of a full suite of membership and club management
        Software as a Service solutions to private clubs, health & fitness clubs, college
        athletic programs, and parks and recreation entities.
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(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)
                                                     Olivier GUERSENT
                                                     Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                2