Kohlberg & Company / Bemis Company merger inquiry

The CMA investigated and cleared the completed acquisition by Kohlberg & Company, LLC, through KNPAK Acquisition Limited, of certain subsidiaries of Bemis Company, Inc.

• From: Competition and Markets Authority
• Published: 13 August 2019
• Last updated: 11 November 2019 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Healthcare and medical equipment
• Outcome: Mergers - phase 1 clearance
• Opened: 13 August 2019
• Closed: 11 November 2019

Statutory timetable

Phase 1 Date	Action
11 November 2019	Decision published
25 October 2019	Decision announced
4 October 2019	Revocation of initial enforcement order
6 September to 20 September 2019	Invitation to comment
6 September 2019	Launch of merger inquiry
9 August 2019	Initial enforcement order

The CMA investigated the Kohlberg/Bemis transaction in parallel with the Kohlberg/Nelipak transaction.

Phase 1

CMA clearance decision

25 October 2019: The CMA has cleared the completed acquisition by Kohlberg & Company, LLC of certain subsidiaries of Bemis Company, Inc.

• Full text decision (11.11.19)

Revocation of initial enforcement order

4 October 2019: In view of the evidence available to the CMA at this stage, the CMA has revoked the initial enforcement order.

• Revocation order (8.10.19)

Invitation to comment: now closed

6 September 2019: The CMA is considering whether it is or may be the case that this transaction has resulted in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party.

These comments should be provided by the deadline set out above.

Launch of merger inquiry

6 September 2019: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (9.9.19)

Initial enforcement order

9 August 2019: the CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Kohlberg & Company, LLC and KNPAK Acquisition Limited, in relation to the acquisition by Kohlberg & Company, LLC, through KNPAK Acquisition Limited, of certain subsidiaries of Bemis Company, Inc.

• Initial enforcement order (15.8.19)

Amendments/consents granted:

• Derogation 23 August 2019 (9.9.19)

Contact

Please send written representations about any competition or public interest to:

[email protected]

Published 13 August 2019
Last updated 11 November 2019 + show all updates

1. 11 November 2019

   Full text of clearance decision published.

2. 25 October 2019

   Clearance decision announced.

3. 8 October 2019

   Revocation of initial enforcement order published.

4. 9 September 2019

   Launch of CMA merger inquiry.

5. 15 August 2019

   Initial enforcement order published.

6. 13 August 2019

   First published.