CELEX: 32015M7728
Language: en
Date: 2015-09-22 00:00:00
Title: Commission Decision of 22/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7728 - AMCOR / SIDEL / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 22.9.2015
                                        C(2015) 6607 final

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|                                                                       |To the notifying parties:                                              |
|                                                                       |                                                                       |

Dear Sirs,

Subject:    Case M.7728 – AMCOR/ SIDEL/ JV
         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 27 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which Amcor Group GmbH (Switzerland) belonging to the Amcor group and Sidel Participations SAS (France) controlled by Tetra  Laval  Group
    acquire within the meaning of Article 3(1)(b) and 3(4) of the  Merger Regulation joint control of a joint venture consisting of an  existing
    legal entity, DISCMA AG (“DISCMA”, Switzerland) and a newly created entity, LiquiForm Group LLC (“LiquiForm”, USA) by way of agreements.[3]

 2. The business activities of the undertakings concerned are:

      – For Amcor : the manufacture and supply of rigid and flexible packaging products into the food, beverage, healthcare,  home  and  personal
        care and tobacco industries;

      – For Sidel : Sidel is part of the Tetra Laval Group, a privately held group of companies consisting of three industry groups:  Tetra  Pak,
        Sidel and DeLaval. Tetra Pak is active in food processing and packaging solutions.  Its core business includes the sale of packaging  and
        distribution solutions for food in carton packaging material. Sidel is a  global  provider  of  packaging  equipment  and  solutions,  in
        particular stretch blow moulding machinery for blowing PET plastic bottles and filling machines for plastic and glass bottles  and  cans.
        DeLaval is a full-service supplier to dairy farmers.  The company develops, manufactures and markets equipment and complete solutions for
        milk production and animal husbandry worldwide;

      – For DISCMA and LiquiForm : commercialise a new technology for forming and filling polymer-based containers for consumables.

 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.[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 290, 4.9.2015, p. 12.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE