L 69/50 Official Journal of the European Communities 12.3.2002 COMMISSION DECISION of 3 April 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2139 — Bombardier/ADtranz) (notified under document number C(2001) 1032) (Only the English text is authentic) (Text with EEA relevance) (2002/191/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 (hereinafter the EEA Agreement), 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 (!) (hereinafter the Merger Regulation), as last amended by Regulation (EC) No 1310/97 (3, and in particular Article 8(2) thereof, Having regard to the Commission decision of 6 December 2000 to initiate proceedings in this case, Having regard to the opinion of the advisory Committee on Concentrations (3), Whereas: (1) On 20 October 2000, the Commission received a notification pursuant to Article 4 of the Merger Regulation of a proposed concentration by which Bombardier Inc., (hereinafter Bombardier) will acquire sole control of the undertaking DaimlerChrysler Rail Systems GmbH (hereinafter ADtranz) and will merge their activities world-wide. (2) By decision dated 6 December 2000, the Commission found that the notified operation raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in this (" OJ L 395, 30.12.1989, p-1; Corrigendum in OJ L 257, 21.9.1990, p- 13. () OJ L 180, 9.7.1997, p-1; Corrigendum O] L 40, 13.2.1998, p. 17. () O] C 63, 12.3.2002. case pursuant to Article 6(1)(c) of the Merger Regulation. I. THE PARTIES Bombardier is a Canadian corporation engaged in design, development, manufacture and marketing in the aircraft, rail transportation equipment and recreational product industries. In addition, the company offers services related to its core products and core businesses and is, through subsidiaries, involved in financial services and the development of real estate interests. Bombardier operates plants mainly in North America and Western Europe. Over 90 % of its revenues are generated outside Canada. ADtranz, which is wholly owned by DaimlerChrysler AG, is engaged in the manufacture and distribution of rail transportation vehicles. Its current activities cover the manufacture and sale of rolling stock equipment as well as fixed installation and signalling equipment. Even prior to and independent of the present transaction, the company decided to focus on its rolling stock business. Accordingly, ADtranz has entered into a binding agreement to sell its fixed installations business to the United Kingdom-based group Balfour Beatty, subject to clearance by the Office of Fair Trading. Moreover, ADtranz also intends to sell its signalling equipment operations, although a buyer has yet to be found. II. CONCENTRATION Bombardier intends to acquire sole control over ADtranz by way of purchase and transfer of 100 % of ADtranz shares, all of which are currently held by Daimler-Chrysler AG. The notified operation therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.