EN

Case No COMP/M.4801 - OEP / SCHOELLER / SAS

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 16/11/2007

In electronic form on the EUR-Lex website under document number 32007M4801

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16/11/2007

SG-Greffe(2007) D/207010

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

Dear Madam(s) and/or Sir(s),

Notification of 10.10.2007 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 248, 23.10.2007, p. 23.

1.On 10.10.2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/20041 by which the undertakings One Equity Partners II, L.P. ("OEP", USA), belonging to the JPMorgan Chase Group, and Schoeller Holding GmbH ("Schoeller", Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Schoeller Arca Systems Holding BV ("SAS", The Netherlands) by way of purchase and transfer of shares.

The business activities of the undertakings concerned are:

-for OEP: private equity fund;

-for Schoeller: packaging, logistics and process-technological systems;

-for SAS: manufacture, distribution and marketing of transport packaging products.

1OJ L 24, 29.1.2004 p. 1

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

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/20042.

4.For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission Signed by Lowri EVANS On behalf of Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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