CELEX: 32018M8946
Language: en
Date: 2018-07-17 00:00:00
Title: Commission Decision of 17/07/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8946 - Goldberg Lindsay & Co., LLC / Coveris Rigid) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 17.7.2018
            
            
               C(2018)4819 final
            
            
                     
                        PUBLIC VERSION
                     
                  
               
               To the notifying party
               
            
               Subject:Case M.8946 — Lindsay Goldberg/Coveris Rigid
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 25 June 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Goldberg, Lindsay & Co., LLC ('Lindsay Goldberg', USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the rigid plastic packaging business of Coveris Group ('Coveris Rigid', Germany/Luxembourg), consisting of Coveris International Holdings S.À.R.L., Coveris Rigid Deutschland GmbH and Coveris Rigid (Ravensburg) Deutschland GmbH (and their respective subsidiaries) by way of a purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Lindsay Goldberg: private equity investment firm with 16 portfolio companies, none of which is active in the production and supply of rigid plastic packaging products in the EEA,
            
            
               -for Coveris Rigid: production and sale of rigid plastic packaging solutions such as pots and containers, trays, closures, lids, and sheets, based on different materials for use in various downstream industry sectors.
            
            
               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.
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               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 234, 5.7.2018, p. 6.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.