Document ID: 32017M8535
Language: ENG

<table><tr><td><p><span><img/></span></p></td><td><p><span>EUROPEAN COMMISSION</span></p></td></tr></table>
Brussels, 7.7.2017
C( 2017 ) 4944 final
To the notifying parties
Subject : Case M. 8535 – ITOCHU / TOPPAN PRINTING / THUNG HUA SINN / TPN FOOD PACKAGING Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2
Dear Sir or Madam,
1. On 12 June 2017 , the European Commission received notification of a proposed conc entration pursuant to Article 4 of the Merger Regulation by which the undertakings Toppan Printing Co., Ltd. ('Toppan Printing', Japan), Itochu Corporation ('Itochu', Japan) and Thung Hua Sinn Enterprises Co, part of the Thung Hua Sinn group ('THS', Thailand) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of the whole of the undertaking TPN Food Packaging Co., Ltd. ('TPN', Thailand), by way of a purchase of shares. TPN is currently controlled by THS . 3
2. The business activities of the undertakings concerned are:
- for Toppan Printing: development of printing technology,
- for Itochu Corporation: trading of various products including textile, machinery, metals, minerals, energy, chemicals, food, information and communications, technology, realty, insurance, logistics services, construction and finance,
- for THS: print and packaging manufacturing,
- for THS: print and packaging manufacturing.
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 ( a ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4
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 and Article 57 of the EEA Agreement .
For the Commission
(Signed)
Johannes LAITENBERGER Director - General
<note>
(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) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ).
(3) Publication in the Official Journal of the European Union No C 198 , 22 . 6 . 2017 , p. 7 .
(4) OJ C 366, 14.12.2013, p. 5 .
</note>