26. 4. 97 Official Journal of the European Communities No L 110/53 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 November 1996 declaring a concentration to be incompatible with the common market (Case No IV/M.784 — Kesko/Tuko) Council Regulation (EEC) No 4064/89 (Only the English text is authentic) (Text with EEA relevance) (97/277/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 Acces- sion of Austria, Finland and Sweden, and in particular Articles 8 (3) and 22 thereof, Having regard to the Commission decision of 26 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 (%), (") OJ No L 395, 30. 12. 1989, p. 1; corrected version OJ No L 257, 21. 9. 1990, p. 13. () OJ No C 130, 26. 4. 1997. Whereas: 1. The procedure under consideration concerns a request from the Finnish Office of Free Competi- tion pursuant to Article 22 of Regulation (EEC) No 4064/89 (the Merger Regulation) to examine the acquisition of Tuko Oy by Kesko Oy. The request was received by the Commission on 26 June 1996. The operation was made known to the Office of Free Competition on 27 May 1996 by means of a press release sent from Kesko Oy. The request pursuant to Article 22 has therefore been made within the one-month period provided for in Article 22 (4). 2. After examination of the abovementioned request the Commission concluded that the request was admissible within the meaning of Article 22 of the Merger Regulation and that the concentration raised serious doubts as to its compatibility with the common market. By decision of 26 July 1996, the Commission accordingly initiated proceedings pursuant to Article 6 (1) (c) of the Merger Regula- . tion. 1. THE PARTIES 3. Kesko Oy (Kesko) is a limited company incorp- orated in Finland. The share capital of Kesko is divided into exclusive shares and ordinary shares.