10. 9. 97 Official Journal of the European Communities L 24711 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 December 1996 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case No IV/M.774 — Saint-Gobain/Wacker-Chemie/NOM) {Council Regulation (EEC) No 4064/89) (Only the Englisﬁ text is authentic) (Text with EEA relevance) (97/610/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 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) thereof, Having regard to the Commission Decision of 31 July 1996 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 (?), WHEREAS: (1) On 1 July 1996 Société Européennes des Produits Réfractaires, Courbevoie (‘SEPR’), Elektroschmelz- (') OJ L 395, 30. 12. 1989; corrigendum: O] L 257, 21. 9. 1990, p. 13. (3) O] C 274, 10. 9. 1997. (2 (3) werk Kempten GmbH, Munich (‘ESK’), and NV Noordelijke ~ Ontwikkelingsmaatschappij, Groningen (‘NOM’), jointly notified the creation of a joint venture under Dutch law for the manufacture, processing, marketing and sale of silicon carbide. SEPR will acquire 60% and ESK and NOM will each acquire 20% of the share capital of the newly created company. After examination of the notification, the Commission has concluded that, the notified operation constitutes a concentration falling within the scope of Council Regulation (EEC) No 4064/89 (‘the Merger Regulation’). In order to ensure the full effectiveness of any decision taken later pursuant to Article 8 (3) or (4), on 22 July 1996 the Commission decided, pursuant to Articles 7 (2) and 18 (2) of the Merger Regulation, to continue the suspension of the concentration in question until a final decision is reached in this case. By decision dated 31 July 1996, the Commission found that the proposed concentration raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings pursuant to Article 6 (1) (c) of the Merger Regulation. On 20 September 1996 the Commission, in accordance with Article 18 (1) of the Merger Regulation, submitted its objections to the parties to the proposed operation.