Wednesday, 03 July 2024 10:52

Decision 851/2024

Clearance decision on (a) the notified concentration under ref. No 1864/1.4.2024, pursuant to Article 6 of Law 3959/2011, concerning the acquisition of joint control by the companies “Rucio Investment S.a.r.l.” and “Olympia Group Ltd” on “ENTERSOFT S.A.” through the company UNITY HOLDING COMPANY S.A. and through a mandatory public offer of shares and (b) the notified concentration under ref. No 2058/8.4.2024, pursuant to the above Article, concerning the change of control over SOFT ONE from negative sole control to joint control, by the companies “Rucio Investment S.a.r.l.”, “Rocinante Investments S.a.r.l.” and “Grey Squirrel Services Ltd.”

Decision 851/2024

File (PDF) Decision 851/2024
Date of Issuance of Decision July 3rd,  2024
Issue Number of Government Gazette 1333 / Β΄ / 19.05.2025
Subject of the Decision Clearance decision on (a) the notified concentration under ref. No 1864/1.4.2024, pursuant to Article 6 of Law 3959/2011, concerning the acquisition of joint control by the companies “Rucio Investment S.a.r.l.” and “Olympia Group Ltd” on “ENTERSOFT S.A.” through the company UNITY HOLDING COMPANY S.A. and through a mandatory public offer of shares and (b) the notified concentration under ref. No 2058/8.4.2024, pursuant to the above Article, concerning the change of control over SOFT ONE from negative sole control to joint control, by the companies “Rucio Investment S.a.r.l.”, “Rocinante Investments S.a.r.l.” and “Grey Squirrel Services Ltd.”
Legal Framework

Articles 5-10 of Law 3959/2011

Operative part of the Decision

The Hellenic Competition Commission, in Plenary sitting, unanimously approves, pursuant to Article 8(3) of Law 3959/2011, the transactions,  jointly assessed  as a single transaction, consisting in (a) the notified concentration under ref. No 1864/1.4.2024, pursuant to Article 6 of Law 3959/2011, concerning the acquisition of joint control by the companies “Rucio Investment S.a.r.l.” and “Olympia Group Ltd” on “ENTERSOFT S.A.” through the company UNITY HOLDING COMPANY S.A. and through a mandatory public offer of shares and (b) the notified concentration under ref. No 2058/8.4.2024, pursuant to the above Article, concerning the change of control over SOFT ONE from negative sole control to joint control, by the companies “Rucio Investment S.a.r.l.”, “Rocinante Investments S.a.r.l.” and “Grey Squirrel Services Ltd.”, as  although falling within the scope of Article 6 (1) of the Greek Competition Act, it does not raise serious concerns as to its compatibility with competition rules in the individual markets concerned.

Company(ies) concerned
  1. ENTERSOFT S.A.
  2. SOFT ONE TECHNOLOGIES S.A.
  3. UNITY HOLDING COMPANY ΜΟΝΟΠΡΟΣΩΠΗ ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ
  4. OLYMPIA GROUP LTD
  5. GREY SQUIRREL SERVICES LTD
  6. RUCIO INVESTMENT S.A.R.L.
  7. ROCINANTE INVESTMENTS  S.A.R.L.
Summary of Decision

The HCC examined the nature of the transactions, which were notified as separate transactions, and the nature of the acquired control and assessed them as a single transaction because of their  interrelated nature. The HCC further investigated the competitive characteristics in the EAS market and its submarkets, assessed the relevant markets in which the parties are active, including the EAS market and its submarkets, i.e. enterprise resource planning (ERP), customer relationship management (CRM) and supply chain management (SCM) software. The HCC concluded that the conditions of competition on horizontally affected markets would not change, as a result of the transaction under consideration, and that the concentration is not expected to result in changes in the structure of the relevant markets and therefore would not affect the level of competition.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -

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