Decision Nº M/04/033 from Competition and Consumer Protection Commission, 2004-06-15

CourtCompetition and Consumer Protection Commission (Ire)
PartiesNetworks Associates,Network General
Decision Date15 June 2004
Decision NumberM/04/033
StatusPreliminary investigation (Phase 1)
Date15 June 2004
Determination of the Competition Authority
Determination No. M/04/033 of the Competition Authority, dated
Notification No. M/04/033 – The proposal by Network General
Corporation to acquire certain assets of Networks Associates, Inc.
(“the proposed acquisition”)
Introduction
1. On 28 May 2004 the Competition Authority, in accordance with
Section 18 (1) of the Competition Act, 2002 (“the Act”) was notified,
on a mandatory basis, of a proposal whereby Network General
Corporation (“NGC”) would acquire certain assets of Networks
Associates, Inc. (“Networks Associates”), which assets constitute the
latter undertaking’s entire Sniffer Technologies business (“the
proposed acquisition”).
2. The proposed acquisition is international in scope and has been
notified to the competition authorities of the United States, Brazil and
Germany.
The Parties
3. NGC, a company registered in the United States, was formed
specifically for the purpose of the proposed acquisition. NGC is owned
by several private equity investment firms whose main business
activity is financial investment in a range of businesses. It was
submitted that such undertakings operate at arms’ length and are
self-financing. The private equity investment firms which own NGC,
and their respective shareholdings, are:
TPG Partners IV, L.P. [CONFIDENTIAL]%
T3 Partners II, L.P. [CONFIDENTIAL]%
TPG Partners III, L.P. [CONFIDENTIAL]%
Silver Lake Partners [CONFIDENTIAL]%
Integral Capital Partners [CONFIDENTIAL]%
4. Network Associates, a public company registered in the United States
and traded on the New York Stock Exchange, operates worldwide in
the manufacture and supply of computer security solutions that
prevent intrusions on networks and protect computer systems from
attacks and threats. The company supplies large enterprises,
governments, small and medium sized businesses, and consumers. It
offers two product portfolios: McAfee System Protection Solutions
(securing desktops and servers); and McAfee Network Protection
Solutions (securing corporate computer networks). These two product
portfolios incorporate Network Associates’ three product lines: McAfee
System Security Technologies, McAfee Network Security Technologies
and Sniffer Technologies (“Sniffer”). Only Sniffer is subject to the
proposed acquisition.
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