CELEX: 32016M8176
Language: en
Date: 2016-09-19 00:00:00
Title: Commission Decision of 19/09/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8176 - LINDSAY GOLDBERG / FLEXIBLES GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 19.09.2016
                                        C(2016) 6038 final

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                                        To the notifying party

Dear Sirs,

Subject:    Case M.8176 – LINDSAY GOLDBERG / FLEXIBLES GROUP
         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 25 August 2016, the European Commission received notification of a proposed concentration pursuant to Article  4  of  Council  Regulation
    (EC) No 139/2004 by which the undertaking Goldberg, Lindsay & Co., LLC ("Lindsay Group", USA) acquires within the meaning of Article 3(1)(b)
    of the  Merger Regulation sole control of the whole of the undertaking  Schur  Flexibles  GmbH  and  its  subsidiaries  ("Flexibles  Group",
    Germany) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for Lindsay Group: private equity investment firm managing a number of funds that own companies active in a variety of business sectors,

  – for Flexibles Group: private limited liability company active in the production and sale of flexible packaging products.

 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(b) 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

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[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 322, 2.9.2016, p. 5.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE