CELEX: 32016M8079
Language: en
Date: 2016-07-01 00:00:00
Title: Commission Decision of 01/07/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8079 - RPC GROUP / BRITISH POLYTHENE INDUSTRIES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 1.7.2016
                                        C(2016) 4273 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

                                        To the notifying party

Dear Sirs,

Subject:    Case M.8079 – RPC GROUP / BRITISH POLYTHENE INDUSTRIES
         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]

 1. On 9 June 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which which the undertaking RPC Group PLC ('RPC', United Kingdom) acquires within the meaning of Article 3(1)(b) of  the  Merger  Regulation
    control of the whole of the undertaking  British  Polythene  Industries  PLC  ('BPI',  United  Kingdom)  by  way  of  public  bid  announced
    on 9.6.2016.[3]

 2. The business activities of the undertakings concerned are:

      – for RPC: RPC is a UK-based rigid plastic products design and engineering company for the packaging and  non-packaging  sectors,  with  24
        design and engineering development  centres  and  113  manufacturing  sites  in  28  countries  employing  more  than 18,000  people  and
        manufacturing a wide range of standard and bespoke packaging for the food and non-food, consumer and industrial  sectors.  RPC  does  not
        produce flexible plastic products.

      – for BPI: BPI is a UK-based manufacturer of flexible plastic products: polythene film, bags and sacks. BPI  supplies  a  large  number  of
        customers with a range of products including packaging and non-packaging films and bags. BPI also recycles polythene waste.

 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(c) 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

-----------------------
[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 219, 17.6.2016, p. 28.
[4]   OJ C 366, 14.12.2013, p. 5.