CELEX: 32021M10466
Language: en
Date: 2021-11-10 00:00:00
Title: Commission Decision of 10/11/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10466 - GOLDMAN SACHS / ENEOS / NIPPO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.11.2021
                                                                C(2021) 8218 final
                                                                                 PUBLIC VERSION
                                                                The Goldman Sachs Group, Inc.
                                                                c/o Corporation Trust Center
                                                                1209 Orange Street
                                                                City of Wilmington
                                                                County of New Castle
                                                                19801 Delaware
                                                                United States
                                                                Eneos Holdings, Inc.
                                                                1-1-2 Otemachi
                                                                Chiyodaku
                                                                Tokyo
                                                                Japan
Subject:        Case M.10466 – GOLDMAN SACHS / ENEOS / NIPPO
                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 12 October 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of
        the Merger Regulation by which The Goldman Sachs Group, Inc. (USA) and Eneos
        Holdings, Inc. (Japan) acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over NIPPO CORPORATION (Japan). The
        concentration is accomplished by way of a public bid announced on
        7 September 2021. 3
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 426, 21.10.2021, p. 15.
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--- 2. The business activities of the undertakings concerned are:
   −    for the Goldman Sachs Group, Inc.: global investment banking, securities and
        investment management, including a range of banking, securities and investment
        services to corporations, financial institutions, governments and individuals;
   −    for Eneos Holdings, Inc.: energy business, oil, metal and gas development;
   −    for NIPPO CORPORATION: manufacture and sale of asphalt mixtures, civil
        engineering, road and building construction.
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) and 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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