CELEX: 32021M10150
Language: en
Date: 2021-02-23 00:00:00
Title: Commission Decision of 23/02/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10150 - ARES / OTPP / TRICORBRAUN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.2.2021
                                                                C(2021) 1375 final
                                                                                 PUBLIC VERSION
                                                                Ares Management Corporation
                                                                2000 Avenue of the Stars
                                                                Los Angeles, CA 90067
                                                                United States of America
                                                                Ontario Teachers’ Pension Plan Board
                                                                3rd Floor, 5650 Yonge Street
                                                                Toronto, Ontario M2M 4H5
                                                                Canada
Subject:        Case M.10150 — Ares/OTPP/TricorBraun
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                     2
                Economic Area
Dear Sir or Madam,
1.      On 1 February 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Ares
        Management Corporation (‘Ares’, USA) and Ontario Teachers’ Pension Plan Board
        (‘OTPP’, Canada) acquire within the meaning of Article 3(1)(b) of the Merger
        Regulation joint control of TCB Holdings I Corp (‘TricorBraun’, USA) by way of
        purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     for Ares: alternative asset management in the North America, Europe, Asia
              Pacific,
        −     for OTPP: administration of pension benefits and investments in pension plan
              assets on behalf of active and retired teachers in the Province of Ontario,
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 46, 9.2.2021, p. 7.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    −    for TricorBraun: design and distribution of packaging, including plastic
        containers, sprayers, dispensers and closures, glass containers and flexible
        packaging, active in the USA and internationally.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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