EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/11/2021

In electronic form on the EUR-Lex website under document number 32021M10466

EUROPEAN COMMISSION

Brussels, 10.11.2021 C(2021) 8218 final

PUBLIC VERSION

The Goldman Sachs Group, Inc. c/o Corporation Trust Center 1209 Orange Street City of Wilmington County of New Castle 19801 Delaware United States

Eneos Holdings, Inc. 1-1-2 Otemachi Chiyodaku Tokyo Japan

Dear Sir or Madam,

1.On 12 October 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of the Merger Regulation by which The Goldman Sachs Group, Inc. (USA) and Eneos Holdings, Inc. (Japan) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over NIPPO CORPORATION (Japan). The concentration is accomplished by way of a public bid announced on 37 September 2021.

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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 426, 21.10.2021, p. 15.

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.

The business activities of the undertakings concerned are:

-− for the Goldman Sachs Group, Inc.: global investment banking, securities and investment management, including a range of banking, securities and investment services to corporations, financial institutions, governments and individuals;

-− for Eneos Holdings, Inc.: energy business, oil, metal and gas development;

-− for NIPPO CORPORATION: manufacture and sale of asphalt mixtures, civil engineering, road and building construction.

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(a) and 5(b) 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) Olivier GUERSENT Director-General

OJ C 366, 14.12.2013, p. 5.

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