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In electronic form on the EUR-Lex website under document number 32014M7412
Office for Publications of the European Union L-2985 Luxembourg
To the notifying party:
Dear Madam(s) and/or Sir(s),
Subject: Case M.7412 – SVP/ LSHL Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
1.On 9 October 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Strategic Value Partners LLC ('SVP', USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Linpac Senior Holdings Limited ('LSHL', UK) by way of purchase of shares.
The business activities of the undertakings concerned are:
-- for SVP: investment firm that manages hedge funds and private equity funds and invests in public and private equity markets, debt markets and other alternative investment markets across the globe;
1OJ 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.
2Publication in the Official Journal of the European Union No C 368, 17.10.2014, p.18.
-- for LSHL: ultimate parent company of Linpac Packaging Limited, a supplier of plastic packaging for food.
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.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) Alexander ITALIANER Director-General
3OJ C 366, 14.12.2013, p. 5.
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