Commission Decision of 02/08/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6651 - GOLDMAN SACHS / WILLIAM C YOUNG / PLASTIPAK HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 2.8.2012 C(2012) 5652 PUBLIC VERSION | | SIMPLIFIED MERGER PROCEDURE | |To the notifying parties | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6651 – GOLDMAN SACHS/ WILLIAM C YOUNG/ PLASTIPAK HOLDINGS Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1.
On 5 July 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which funds advised and managed by The Goldman Sachs Group, Inc. ("Goldman Sachs", USA), and Mr William C. Young acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Plastipak Holdings, Inc. ("Plastipak", USA) by way of purchase of shares. [2] 2. The business activities of the undertakings concerned are: - for Goldman Sachs: global investment banking, securities and investment management firm, - for Mr William C.
Young: a natural person controlling a number of undertakings, - for Plastipak: manufacturer of plastic resins, plastic packaging containers and preforms, also engaged in recycling operations for the production of post-consumer recycled plastic raw materials. 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. [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 [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 204, 12.7.2012, p. 43. [3] OJ C 56, 5.3.2005, p.
32.