28.2.2002 Official Journal of the European Communities L 59/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 February 2001 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.1853 — EDF/EnBW) (notified under document number C(2001) 335) (Only the English text is authentic) (Text with EEA relevance) (2002/164/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 (1), as last amended by Regulation (EC) No 1310/97 (3), and in particular Article 8(2) thereof, Having regard to the Commission Decision of 2 October 2000 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, (1) O] L 395, 30.12.1989, p. 1; corrected version in O] L 257, 21.9.1990, p. 13. (3 OJL180,9.7.1997, p. 1. Having regard to the opinion of the Advisory Committee on Concentrations, (3) Whereas: (1)  On 31 August 2000, the Commission received a notifi- cation pursuant to Article 4 of the Council Regulation (EEC) No 4064/89 (the Merger Regulation) of a proposed concentration whereby the undertaking Electricité de France (EDF), France, alongside Zweckverband Obersch- wibische Elektrizititswerke (OEW) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Energie Baden-Wiirttemberg AG (EnBW). (2)  On 2 October 2000, the Commission decided, in accordance with Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement, to initiate proceedings in this case. (3)  The hearing took place on 20 and 21 December 2000. (3 0JC53,28.2.2002.