32012M6767

|EUROPEAN COMMISSION |

Brussels, 28.11.2012

PUBLIC VERSION C(2012)8890

SIMPLIFIED MERGER PROCEDURE

To the notifying party: | |

| |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6767 - BAIN CAPITAL INVESTORS/ ATENTO Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 29.10.2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Bain Capital Investors, LLC ("Bain Capital Investors", United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of the undertaking Atento Inversiones y Teleservicios S.A. ("Atento", Spain) by way of purchase of shares. [2]

2. The business activities of the undertakings concerned are:

- for Bain Capital Investors : private equity investment firm;

- for Atento : provider of business process outsourcing services, primarily related to client relationship management, and in particular customer care.

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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. 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.

For the Commission (signed) Alexander ITALIANER Director General

[1]OJ 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.

[2] Publication in the Official Journal of the European Union No C339,07.11.2012, p. 13.

[3] OJ C 56, 5.3.2005, p. 32.