# C_2014200EN.01006401.xml

| 28.6.2014 | EN | Official Journal of the European Union | C 200/64 |
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28.6.2014

EN

Official Journal of the European Union

C 200/64

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Prior notification of a concentration

(Case M.7255 — BSPIH/KFG/Flint)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 200/07)

| 1. | On 19 June 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Broad Street Principal Investments Holdings, LP (‘BSPIH’, USA) ultimately controlled by The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and KFG Investment, LLC (‘KFG’, USA); an investment company ultimately controlled by Koch Industries, Inc. (‘Koch Industries’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Flint Group GmbH (‘Flint’, Germany) by way of purchase of shares. |
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1.

On 19 June 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Broad Street Principal Investments Holdings, LP (‘BSPIH’, USA) ultimately controlled by The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and KFG Investment, LLC (‘KFG’, USA); an investment company ultimately controlled by Koch Industries, Inc. (‘Koch Industries’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Flint Group GmbH (‘Flint’, Germany) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Goldman Sachs: global investment banking, securities and investment management,
  —   for Koch Industries: manufacturing, trading and services in various industries, such as production of fuel, petrochemicals and asphalt; operation of pipelines and trading of oil and other commodities; manufacturing of pulp, paper and packaging; building products and chemicals; chemical intermediaries, polymers and fibres; fertilisers; process and pollution control equipment and technologies; and ranching,
  —   for Flint: global manufacturer and supplier of printing inks and other printing consumables. |
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2.

The business activities of the undertakings concerned are:

—   for Goldman Sachs: global investment banking, securities and investment management,

for Goldman Sachs

—   for Koch Industries: manufacturing, trading and services in various industries, such as production of fuel, petrochemicals and asphalt; operation of pipelines and trading of oil and other commodities; manufacturing of pulp, paper and packaging; building products and chemicals; chemical intermediaries, polymers and fibres; fertilisers; process and pollution control equipment and technologies; and ranching,

for Koch Industries

—   for Flint: global manufacturer and supplier of printing inks and other printing consumables.

for Flint

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7255 — BSPIH/KFG/Flint, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7255 — BSPIH/KFG/Flint, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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