CELEX: 32020M9593
Language: en
Date: 2020-01-10 00:00:00
Title: Commission Decision of 10/01/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9593 - PTT GC / ALPLA TH / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.1.2020
                                                                C(2020) 170 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9593 – PTT GC / ALPLA TH / JV
                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 9 December 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings PTT Global Chemical Public Company Limited (“PTT GC”, Thailand)
        and ALPLA TH Recyclingbeteiligungsgesellschaft m.b.H.A. (“ALPLA TH”, Austria),
        a wholly owned, indirect subsidiary of Alpla Holding GmbH, acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the
        whole of the undertaking ENVICCO Limited (“JV”, Thailand) by way of purchase of
        shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
              PTT GC manufactures and supplies upstream, intermediate, and downstream
                 petrochemical products, including PolyEthylene Terephthalate (PET) and High
                 Density Polyethylene (HDPE);
              ALPLA TH develops and produces rigid plastic packaging solutions such as
                 packaging systems (i.e. bottles with caps/closure), bottles, closures,
                 injection-moulded parts, preforms and tubes;
              JV will produce and supply mechanically recycled plastics, namely recycled
                 PET and recycled HDPE, made from post-consumed packaging materials.
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 425, 18.12.2019, p. 56.
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--- 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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