Decision Nº M/11/025 from Competition and Consumer Protection Commission, 2011-09-01

• Jurisdiction: Ireland
• Parties: LA Holding B.V.,Linpac Group LTD
• Date: 01 September 2011
• Decision Number: M/11/025
• Decision Date: 01 September 2011
• Court: Commissioner for Environmental Information

Merger Notification No. M/11/025 – LA Holding/Linpac

DETERMINATION OF MERGER NOTIFICATION M/11/025 -

LA HOLDING/LINPAC

Section 21 of the Competition Act 2002

Proposed acquisition by LA Holding B.V. of sole control of the

returnable transport packaging business of Linpac Gro up Limited

Dated 1 September 2011

Introduction

1. On 9 August 2011, in accordance with section 18 of the Competition

Act 2002 (“the Act”), the Competition Au thority (“the Authority”)

received a notification of a proposed transacti on whereby LA Holding

B.V. (“LA Holding”) would acquire sole control of the following

companies: Linp ac Materials Handling Scandinavia AB, Logtek Limited,

Linpac Allibert GmbH, Linpac Allibert S.A.U., Linpac Allibert SAS, and

the business and certain assets of Linpac Allibert Ltd. These

companies and assets constitute the returnable transport packaging

(“RTP”) business of Linpac Group Limited (“Linpac”).

The Undertakings Involved

LA Holding

2. LA Holding is controlled by One Equity Partners (“OEP”). OEP is a

private equity firm controlled by JP Morgan Chase & Co (“JP Morgan”),

a gl obal financial services company. OEP also controls Schoeller Arca

Systems Holding B.V. (“SAS”) which is active in the RTP bu siness.

3. For th e yea r ending 31 December 2010, JP Morgan’s worldwide

turnover was US$102,694 million (€ 77,213 million

1

). JP Morgan’s

turnover in the State for the same period was €[…].

Linpac

4. The RTP business of Linpac is active in the devel opment, production

and sale of RTP products. RTP products are used to transport goods

from factories to distributors and other end users. RTP products

replace one-trip disposable transit packaging products (e.g.,

cardboard, film, steel or wood- based packaging products) with durable

plastic containers th at can be reused. The followi ng packaging

products would be classified as falli ng within the RTP segment: foldable

large containers, pallets, beverage crates, foldable small containers,

and intermediate bulk containers.

5. For the financial year ending 31 December 2010, the worldwide

turnover generated by the RTP business of Linpac was €[…] of which

€[…] was generated in the State.

1

Based on an average annual exchange rate of €1 = US$1.33 for 2010.