Commission Decision of 01/02/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6077 - TPG / ASHLAND DISTRIBUTION) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 01/02/2011 SG-Greffe(2011) D/11699 C(2011)674 Final PUBLIC VERSION MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE To the notifying party: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6077 – TPG/ ASHLAND DISTRIBUTION Notification of 22/12/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 006, 11.01.2011, p.18 1.
On 22/12/2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which TPG Holdings II, L.P. (“TPG”, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of Ashland Inc. (“Ashland Distribution”, USA) by way of purchase of assets. The business activities of the undertakings concerned are: - TPG: TPG is a member of the TPG Group, a global private investment firm that manages a family of funds, - Ashland Distribution: the distribution business of Ashland Inc that is active in Europe mainly in the provision of products and services to the plastics processing industry, with a broad range of polymers, as well as in chemicals and composite raw materials and environmental services in the United States.
2. 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 [2] . 3. 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 [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 C 56, 5.3.2005, p. 32.