# C_2019311EN.01000401.xml

| 16.9.2019 | EN | Official Journal of the European Union | C 311/4 |
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16.9.2019

EN

Official Journal of the European Union

C 311/4

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Prior notification of a concentration

(Case M.9491 — Ardagh Group/OTPP-Element/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 311/05)

1.

This notification concerns the following undertakings:

| — | Ardagh Group S.A. (Luxembourg) (‘Ardagh’), |
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Ardagh Group S.A. (Luxembourg) (‘Ardagh’),

| — | Element Holdings II LLP (USA) (‘Element’), and its parent the Ontario Teachers’ Pension Plan Board (Canada) (‘OTPP’), |
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Element Holdings II LLP (USA) (‘Element’), and its parent the Ontario Teachers’ Pension Plan Board (Canada) (‘OTPP’),

| — | a newly created joint venture (‘JV’) (The Netherlands). |
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a newly created joint venture (‘JV’) (The Netherlands).

Ardagh and OTPP acquire joint control of the JV within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation.

The concentration is accomplished by the contribution of Element’s business and of Ardagh’s Food and Specialty business into the JV.

2.

| — | Ardagh is the holding company of an international group of companies mainly active in the production of rigid packaging solutions for the food and beverage as well as consumer products industries. It supplies a broad range of glass and metal packaging products to a variety of end markets on a global basis, |
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Ardagh is the holding company of an international group of companies mainly active in the production of rigid packaging solutions for the food and beverage as well as consumer products industries. It supplies a broad range of glass and metal packaging products to a variety of end markets on a global basis,

| — | Element, through one or more wholly owned Exal subsidiaries, manufactures and sells metal packaging products. Exal’s metal packaging products consist of aluminium aerosol cans that are used to package beauty, personal care, pharmaceutical, food, and home care products; and aluminium bottles for beverages, |
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Element, through one or more wholly owned Exal subsidiaries, manufactures and sells metal packaging products. Exal’s metal packaging products consist of aluminium aerosol cans that are used to package beauty, personal care, pharmaceutical, food, and home care products; and aluminium bottles for beverages,

| — | OTPP is an independent single-profession pension plan concerned with the administration of pension benefits and the investment of pension plan assets, |
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OTPP is an independent single-profession pension plan concerned with the administration of pension benefits and the investment of pension plan assets,

| — | the JV would post-transaction be active in metal packaging, more specifically in the production of food, nutrition, paint & coatings, aerosols and other specialty cans as well as aluminium bottles. |
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the JV would post-transaction be active in metal packaging, more specifically in the production of food, nutrition, paint & coatings, aerosols and other specialty cans as well as aluminium bottles.

3.

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.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9491 — Ardagh Group/OTPP-Element/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

| E-mail: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

E-mail: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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