Press release from the Competition Council regarding the economic concentration operation concerning the creation of a joint venture “Trivium Packaging BV”, by the companies “Ardagh Group SA” and “Element Holding II LP”

In accordance with Article 13 of Law No. 104-12 on freedom of prices and competition and Article 10 of Decree No. 2-14-652 issued for its implementation, as amended and supplemented, the Competition Council makes available to the public the below “operation summary”, containing the information provided by the parties.

This information was prepared by the notifying parties, who are solely responsible. Any inaccurate or distorted information contained therein does not in any way prejudge the Competition Council’s position on the proposed operation.

The publication of this press release does not attest to the completeness of the file provided for in Article 9 of Decree No. 2-14-652 issued for the implementation of Law No. 104-12 on freedom of prices and competition as amended and supplemented.

Names of the companies and groups concerned:

• The founders:
  • “Ardagh Group SA”;
  • “Element Holding II LP”
• The joint venture: “Trivium Packaging BV”.

Nature of the operation

• Creation of a joint venture.

Economic sectors concerned

• Manufacturing and distribution of metal packaging sector.

Deadline for interested third parties to submit their observations

• 10 days from the date of publication of this press release, i.e. May 23, 2025.

NON-CONFIDENTIAL SUMMARY OF THE OPERATION PROVIDED BY THE PARTIES

The Competition Council received notification of an economic concentration operation concerning the creation of a joint venture “Trivium Packaging BV”, by the companies “Ardagh Group SA” and “Element Holding II LP”.

“Ardagh Group SA” is a Luxembourg public limited company, registered with the Luxembourg Trade and Companies Register under number B 160804, with its registered office at 56, rue Charles Martel, L-2134 Luxembourg. It is the holding company of the “Ardagh” group, which is an international group of companies mainly active in the production of rigid packaging solutions for the food and beverage sectors, as well as consumer products. This group also supplies a wide range of glass packaging products to various end markets globally.

“Element Holding II LP” is registered with the register of exempted limited partnerships in the Cayman Islands under number 38843 and its registered office is located at One Nexus Way, Camana Bay, Grand Cayman KY1-9005. This company manufactured and sold metal packaging products through its American subsidiary “Exal Corporation”, consisting of aluminum aerosol cans and aluminum bottles for beverages.

“Trivium Packaging BV” is a Dutch limited liability company, registered with the Dutch Chamber of Commerce under number 75308789, with its registered office at Schiphol Boulevard 149, World Trade Centre (“WTC”) Schiphol, Tower B, 1118 BG Schiphol, Netherlands. This company is active in the manufacturing and sale of metal boxes and packaging for the food industry.

 

Done in Rabat, May 13, 2025