25.11.98 Official Journal of the European Communities L 316/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 June 1997 declaring a concentration to be incompatible with the common market (Case No IV/M.890 — Blokker/Toys ‘R’ Us) (notified under document number C(1997) 1884) (Only the English text is authentic) (Text with EEA relevance) (98/663/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 Accession of Austria, Finland and Sweden, and in particular Article 8(3) and (4) and Article 22 thereof, Having regard to the Commission Decision of 21 February 1997 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, (") OJ L 395, 30.12.1989, p. 1; corrected version, OJ L 257, 21.9.1990, p. 13. Having regard to the opinion of the Advisory Committee on Concentrations (2), Whereas: (1) The procedure under consideration concerns a request received by the Commission on 23 January 1997 from the Dutch Government pursuant to Article 22 of Regulation (EEC) No 4064/89 (‘the Merger Regulation’) to examine the acquisition of the Dutch operations of Toys ‘R’ Us by Blokker. The agreement (which contains implementation agreements) underlying the operation was signed by the parties in the form of an exchange of letters on 24 December 1996. By letter of 13 January 1997 the transaction was notified to the Dutch authorities. (2) On 21 February 1997 the Commission adopted a decision under Article 6(1)(c) in conjunction with Article 22 of the Merger Regulation finding that the request was admissible in accordance with Article 22, that the request had been made within the one-month period provided for in (?) OJ C 363, 25.11.1998.