14.9.2001 Official Journal of the European Communities L 245/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 May 2000 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement Case COMP/M.1671 — Dow Chemical/Union Carbide (notified under document number C(2000)1304) (Only the English text is authentic) (Text with EEA relevance) (2001/684[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas: 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 last amended by Regulation (EC) No 1310/97 (%), and in particular Article 8(2) thereof, Having regard to the Commission's Decision of 22 December 1999 to initiate proceedings in this case, 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 (%), M O] L 395 30.12.1989, p- 1; corrected version O] L 257, 21.9.1990, p. 13). () OJ L 180, 9.7.1997, p. 1. () OJ C 256, 14.9.2001. 1 On 29 October 1999, the Commission received a notification of a concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation), whereby Dow Chemical Company (Dow) acquires sole control of the whole of Union Carbide Corporation (UCCQ). This notification, which had been declared incomplete, was completed on 22 November 1999. After examination of the notification, the Commission concluded that the notified operation fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market. Therefore, on 22 December 1999, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. I. THE PARTIES Dow is a global science- and technology-based company and integrated producer of chemicals. It develops and manufactures a portfolio of chemicals, plastics, agricultural chemicals and other specialised products. Its annual sales were approximately USD 18 400 million in 1998. The company has 123 manufacturing sites in 32 countries and supplies more than 3 500 products.