EUROPEAN COMMISSION DG Competition

Case M.8218 - EGERIA INDUSTRIALS / CLONDALKIN

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 30/11/2016

In electronic form on the EUR-Lex website under document number 32016M8218

EUROPEAN COMMISSION

Brussels, 30.11.2016 C(2016) 8093 final

PUBLIC VERSION

To the notifying party

Subject: Case M.8218 – Egeria Industrials/Clondalkin Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.1. On 8 November 2016, 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 Egeria Industrials AG ('Egeria', Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Clondalkin Group Holdings B.V. ('Clondalkin', The Netherlands) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

-− for Egeria: private equity investment, longhold portfolio investments and real estate investments,

-− for Clondalkin: manufacture of flexible packaging products including barrier films, biodegradable films, bundle wrapping, capping foils and lidding films, cereal liners, confectionary packaging, flower sleeves packaging, frozen food film, home & personal care films and laminates, lids, shrink sleeves, skin packaging, stand up pouches and tobacco inner liners, laminate food packaging and other similar products.

3.3. 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

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 420, 15.11.2016, p. 13.

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) Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

2