EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 06/10/2020

In electronic form on the EUR-Lex website under document number 32020M9950

EUROPEAN COMMISSION

Brussels, 06.10.2020 C(2020) 6952 final

PUBLIC VERSION

To the notifying parties

Dear Sir or Madam,

1.1. On 7 September 2020, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Clearlake Capital Group, L.P. (“Clearlake”, United States of America) and TA Associates Management, L.P. (“TA Associates”, United States of America), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of Ivanti Software, Inc. (“Ivanti Software”, United States of America), ultimately controlled by Clearlake Capital Group, by way of purchase of shares in Icon Software Holdings, Inc (United States of America), the parent entity of Ivanti Software.

2. The business activities of the undertakings concerned are:

- Clearlake Capital Group: private equity investment, with portfolio companies active in software and technology-enabled services, energy and industrials, and consumer.

- TA Associates Management: private equity investment, with portfolio companies active in selected industries, including business services, consumer, financial services, healthcare and technologies.

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 303, 14.9.2020, p. 30.

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.

 Ivanti Software: provision of a software platform for companies’ internal IT departments, which provides user management, and industrial mobility software and solutions.

4.3. 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. 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

OJ C 366, 14.12.2013, p. 5.

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