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: 14/09/2016

In electronic form on the EUR-Lex website under document number 32016M8172

EUROPEAN COMMISSION

Brussels, 14.9.2016 C(2016) 5923 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Sirs,

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.

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.

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 320, 01.09.2016, 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.

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.

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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