CELEX: 32014M7255
Language: en
Date: 2014-07-14 00:00:00
Title: Commission Decision of 14/07/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7255 - BSPIH / KFG / FLINT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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                                        Brussels, 14.7.2014
                                        C(2014) 5121 final

                                        To the notifying parties:

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7255 – BSPIH/ KFG/ FLINT
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 19.06.2014 the European Commission received notification of a proposed concentration pursuant to Article 4 of  the  Merger  Regulation  by
    which the undertakings Broad Street Principal Investments Holdings, L.P. ("BSPIH", US) ultimately controlled by The Goldman Sachs Group, Inc.
    ("Goldman Sachs", US) and KFG Investment, L.L.C. (“KFG”, US), an investment company ultimately controlled by  Koch  Industries,  Inc.  ("Koch
    Industries", US) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control  of  the  whole  of  Flint  Group  GmbH
    ("Flint", Germany) by way of purchase of shares.

 2. The business activities of the undertakings concerned are:

    - for Goldman Sachs: global investment banking, securities and investment management.

    - for Koch Industries: manufacturing, trading and services in various industries, such as production of  fuel,  petrochemicals  and  asphalt;
    operation of pipelines and trading of oil and other commodities; manufacturing of pulp, paper and packaging; building products and chemicals;
    chemical intermediaries, polymers and fibers; fertilisers; process and pollution control equipment and technologies; and ranching.

    - for Flint: global manufacturer and supplier of printing inks and other printing consumables[2].

 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[3].

 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.

                                        For the Commission
                                        (signed)
                                        Alexander ITALIANER
                                        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]   Publication in the Official Journal of the European Union No C 200, 28.06.2014 p.64.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE