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: 20/05/2021

In electronic form on the EUR-Lex website under document number 32021M10224

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

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.

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,

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 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.

−− 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.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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