CELEX: 32021M10224
Language: en
Date: 2021-05-20 00:00:00
Title: Commission Decision of 20/05/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10224 - OTPP / NIKKY INVESTMENTS / LOGOPLASTE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 20.05.2021
                                                                C(2021) 3771 final
                                                                                 PUBLIC VERSION
                                                                Ontario Teachers’ Pension Plan Board
                                                                3rd Floor, 5650 Yonge Street
                                                                Toronto, Ontario M2M 4H5
                                                                Canada
                                                                Nikky Investments S.A.
                                                                412F, route d’Esch
                                                                L-2086 Luxembourg
                                                                Luxembourg
Subject:        Case M.10224 – OTPP / NIKKY INVESTMENTS / LOGOPLASTE
                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 23 April 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Ontario Teachers’ Pension Plan Board (‘OTPP’, Canada) and the
        undertaking Nikky Investments S.A. (‘Nikky Investments’, Luxembourg), controlled
        by Mr. Filipe Maurício de Botton, acquire within the meaning of Article 3(1)(b) of
        the Merger Regulation joint control of the undertaking Logoplaste Parent S.à.r.l.
        (‘Logoplaste’, Luxembourg) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − for OTPP: the administration of pension benefits and the investment of
                 pension plan assets on behalf of active and retired teachers in the Canadian
                 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 154, 30.4.2021, p. 14.
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 Nikky Investments: operating as an investment vehicle owned by members
           of the founding family of the Logoplaste Group,
       − for Logoplaste: manufacturing of rigid plastic packaging solutions.
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 139/2004.4
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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