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In electronic form on the EUR-Lex website under document number 32015M7765
Office for Publications of the European Union L-2985 Luxembourg
To the notifying party:
Dear Sirs,
Subject: Case M.7765 - CARLYLE/ VERITAS Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area
1.On 15 September 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking The Carlyle Group L.P. ("Carlyle", USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the information management business of Symantec Corporation ("Symantec", USA), known as Veritas ("Veritas"), by way of purchase of shares and assets.
The business activities of the undertakings concerned are:
for Carlyle: global investment management across four investment disciplines: (i) corporate private equity, (ii) real assets, (iii) global market strategies and (iv) solutions;
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 319, 26.09.2015, p. 8.
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.
for Veritas: production of storage software, which is software that manages and assures accessibility, availability and performance of information stored on physical storage media.
1.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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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
4OJ C 366, 14.12.2013, p. 5.
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