2.7.97 Official Journal of the European Communities No L 174/47 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 February 1997 setting out measures in order to restore effective competition (Case No IV/M. 784 — Kesko/Tuko) (Only the English text is authentic) (Text with EEA relevance) (97/409/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, and in particular Article 57 (2) (a) thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), as amended by the Act of Acces- sion of Austria, Finland and Sweden, and in particular Article 8 (4) and Article 22 thereof, Having regard to the Commission Decision of 20 November 1996 declaring the concentration by which Kesko Oy acquired sole control over Tuko Oy incompat- ible with the common market, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations (%), Whereas: (1 On 26 June 1996 the Commission received a request from the Finnish Office of Free Competi- tion pursuant to Article 22 of Regulation (EEC) No (') OJ No L 395, 30. 12. 1989, p. 1; corrected version OJ No L 257, 21. 9. 1990, p. 13. () OJ No C 202, 2. 7. 1997, p. 3. ) 4064/89 (‘the Merger Regulation’) to examine the acquisition of Tuko Oy (Tuko) by Kesko Oy (‘Kesko’). On 20 November 1996 the Commission adopted a Decision pursuant to Article 8 (3) in conjunction with Article 22 of the Merger Regula- tion (‘Decision of 20 November 1996’), declaring the concentration incompatible with the common market. At the time when the Decision of 20 November 1996 was adopted, the concentration had already been completed, since Kesko acquired control over Tuko on 27 May 1996 by acquisition of shares. The Commission decided not to include in its Decision of 20 November 1996 measures in application of Article 8 (4) of the Merger Regulation. The Commission announced that a separate Decision pursuant to Article 8 (4) would be adopted setting out appropriate measures in order to restore condi- tions of effective competition. Basic reasoning for the Decision of 20 November 1996 The Commission reached the conclusion that the concentration would create or strengthen a domin- ant position for Kesko on the Finnish market for retail of daily consumer goods, where the combined market share of Kesko and Tuko would be at least 55 %, whether assessed at local, regional or