EN

Case No COMP/M.6651 - GOLDMAN SACHS/ WILLIAM C YOUNG/ PLASTIPAK HOLDINGS

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 02/08/2012

In electronic form on the EUR-Lex website under document number 32012M6651

Office for Publications of the European Union L-2985 Luxembourg

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.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.

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)

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 204, 12.7.2012, p. 43.

Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.

of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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

OJ C 56, 5.3.2005, p. 32.

2