CASE COMMENTS: MERGER CONTROL – EUROPEAN UNION – SOFTWARE DEVELOPMENT – OPEN-SOURCE – INTEROPERABILITY

Interoperability: The European Commission approves the acquisition of an open-source software development platform by a leading supplier of computer software (Microsoft/GitHub)

On 19 October 2018, the European Commission approved the acquisition of U.S. company GitHub by Microsoft Corporation. Both parties are active in the supply of software development and operations (“DevOps”) tools. GitHub is a popular hosting platform for software development. Developers can join GitHub and create public repositories or contribute to open source projects in existing public repositories, at no charge. GitHub also provides private repositories and other additional features to paying subscribers. The transaction fell below EU merger control thresholds because GitHub had limited

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Ianis Girgenson, Interoperability: The European Commission approves the acquisition of an open-source software development platform by a leading supplier of computer software (Microsoft/GitHub), 19 October 2018, Concurrences Review N° 1-2019, Art. N° 88971, p. 120

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