L 268/28 Official Journal of the European Communities 9.10.2001 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 October 2000 declaring a concentration to be compatible with the common market and the EEA Agreement (Case No COMP/M.1845 — AOL|Time Warner) (notified under document number C(2000) 3009) (Only the English text is authentic) (Text with EEA relevance) (2001/718/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 last amended by Regulation (EC) No 1310/97 (3, and in particular Article 8(2) thereof, Having regard to the Commission Decision of 19 June 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, Having regard to the opinion of the Advisory Committee on Concentrations (%), Whereas: (1)  On 28 April 2000, the Commission received a notification pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation) of a proposed concentration by which America Online, Inc., (AOL) would merge, within the meaning of Article 3(1)(a) of the Merger Regulation, with Time Warner, Inc. (Time Warner) creating a new entity AOL Time Warner. (2) By decision of 19 June 2000 the Commission found that the notified concentration raises serious doubts as to its compatibility with the common market and decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. (3) A hearing took place on 7 September 2000, on the basis of a Statement of objections, which was sent to the parties on 22 August 2000. O] L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. () O] C 283, 9.10.2001.