7.5.2002 Official Journal of the European Communities L 120/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 February 2000 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.1641 — Linde/AGA) (notified under number C(2000) 352) (Only the German version is authentic) (Text with EEA relevance) (2002/343/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 (') as last amended by Regulation (EC) No 1310/97 (3) and in particular Article 8(2) thereof, Having regard to the Commission’s decision of 30 September 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, After consulting the Advisory Committee on Concen- trations (3) () OJ L 395,30.12.1989, p. 1; Corrigendum: OJ L 257, 21.9.1990, p. 13. (3 OJL180,9.7.1997,p. 1. () 0JC110,7.5.2002. Whereas: On 1 September 1999 the Commission received notifi- cation of a proposed concentration under Article 4 of Council Regulation (EEC) No 4064/89 (the Merger Regulation). By this transaction Linde AG (Linde) was to purchase shares in AGA AB (AGA), thereby acquiring control of the whole of AGA within the meaning of Article 3(1)(b) of the Merger Regulation. On 30 September 1999 the Commission decided to initiate proceedings in the case under Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. The Advisory Committee discussed a draft of this Decision on 24 January 2000. THE PARTIES AND THE PROPOSED TRANSACTION Linde’s areas of business are process engineering, materials handling, refrigeration and the production and distribution of industrial gases. AGA also produces and distributes industrial gases.