CELEX: 32016M8048
Language: en
Date: 2016-06-17 00:00:00
Title: Commission Decision of 17/06/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8048 - ARDAGH / BALL REXAM DIVESTMENT BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 17.6.2016
                                        C(2016) 3903 final

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|                                                                       |To the notifying party                                                 |
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Dear Sirs,

Subject:    Case M.8048 - ARDAGH / BALL REXAM DIVESTMENT BUSINESS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 18 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which the undertaking Ardagh Group S.A. ("Ardagh", Luxembourg) acquires within the meaning of  Article  3(1)(b)  of  the  Merger  Regulation
    control of assets divested by Ball Corporation to obtain regulatory approvals for its acquisition of Rexam  PLC  (the"Ball/Rexam  Divestment
    Business"), by way of purchase of shares and assets.[3]

 2. The business activities of the undertakings concerned are:

        – for Ardagh: production of rigid packaging solutions for the food, beverage, and consumer products industries.

        – for the Ball/Rexam Divestment Business: manufacturing of beverage cans. In the EEA, the Ball/Rexam  Divestment  Business  consists  of
          eight Ball beverage can manufacturing plants, two Ball end plants, two Rexam beverage can manufacturing plants and certain support and
          innovation facilities in Germany and the UK. The Ball/Rexam Divestment Business also includes assets outside the EEA, notably  in  the
          US and Brazil.

 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)
                                        Johannes LAITENBERGER
                                        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]   OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

[3]   Publication in the Official Journal of the European Union No C 186, 25.05.2016, p. 14.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE