# IMMC.MTF_2018_9098_FIN.ENG.xhtml.m9098.docx

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EUROPEAN COMMISSION

EUROPEAN COMMISSION

Brussels, 20.09.2018

Brussels, 20.09.2018

C(2018) 6248 final

C(2018) 6248 final

To the notifying parties:

To the notifying parties

:

Subject:Case M.9098 - GOLDMAN SACHS / ORIX / ILS

  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

Subject:

Case M.9098 - GOLDMAN SACHS / ORIX / ILS

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,

Dear Sir or Madam,

1.On 29 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Goldman Sachs (USA) and ORIX Kabushiki Kaisha - "Orix Corporation" (Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of ILS (Japan). The concentration is accomplished by way of purchase of shares.
  3

1.

On 29 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Goldman Sachs (USA) and ORIX Kabushiki Kaisha - "Orix Corporation" (Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of ILS (Japan). The concentration is accomplished by way of purchase of shares.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-Goldman Sachs is a global investment banking, securities and investment management firm incorporated in the USA;

-

Goldman Sachs is a global investment banking, securities and investment management firm incorporated in the USA;

-Orix Corporation is a multinational integrated financial services and investment group headquartered in Japan;

-

Orix Corporation is a multinational integrated financial services and investment group headquartered in Japan;

-ILS is a pharmaceutical company incorporated in Japan.

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ILS is a pharmaceutical company incorporated in Japan.

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.
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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.
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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.

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

For the Commission

(Signed)

Johannes LAITENBERGER
  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.

OJ C 366, 14.12.2013, p. 5.