The Commission unconditionally clears the acquisition of GitHub by Microsoft

January 2019

CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents:

The Commission unconditionally clears the acquisition of GitHub by Microsoft By Anna Renata Pisarkiewicz (European University Institute)1

The Facts of the Microsoft/GitHub Acquisition

On September 14, 2018, Microsoft and GitHub notified the European Commission about their intention to merge. Both parties to the transaction supply various software development and operations (“DevOps”) tools that individuals and organizations use when developing and releasing software. GitHub, in particular, supplies the popular code hosting platform for version control and collaboration on software development, which can be used online (GitHub.com), and on-premises (GitHub Enterprise). At the time of the notification, with more than 28 million developers in its community, and 85 million code repositories, GitHub was the largest host of source code globally.2

Given that the EU turnover of GitHub was less than EUR 250 million in the last financial year for which data was available at the time of the notification, the transaction did not have a Union dimension under Article 1(2) or Article 1(3) of the Merger Regulation. However, it did have such a dimension pursuant to Article 4(5), as it was capable of being reviewed under the national competition laws of four Member States, namely Austria, Cyprus, Germany, and the United Kingdom. Having reviewed the transaction, the Commission approved…

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