27.2.2002 Official Journal of the European Communities L 571 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 31 January 2001 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2097 — SCA[Metsi Tissue) (notified under document number C(2001) 177) (Only the English text is authentic) (Text with EEA relevance) (2002/156[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 last amended by Regulation (EC) No 1310/97 (%), and in particular Article 8(3) thereof, Having regard to the Commission's Decision of 26 September 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: (), On 11 August 2000, the Commission received a notification pursuant to Article 4 of Regulation (EEC) (" OJ L 395, 30.12.1989, p. 1; Corrigendum: OJ L 257, 21.9.1990, p- 13. () OJ L 180, 9.7.1997, p. 1. () 0] C 52, 27.2.2002. No 406489 (the Merger Regulation) of a proposed concentration whereby SCA Molnlycke Holding BV (SCA) will acquire sole control of the whole of Metsd Tissue Corporation (MT). After examination of the notification, the Commission concluded that the notified operation falls within the scope of the Merger Regulation and raises serious doubts as to its compatibility with the common market, because it could create or strengthen a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it and in the territory covered by the EEA Agreement. On 26 September 2000, the Commission therefore decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. I. THE PARTIES SCA is a wholly owned subsidiary of Svenska Cellulosa AB, a forest industry company that specialises in the manufacture of hygiene products, transport packaging and graphic papers. SCA manufactures and distributes a variety of tissue-based hygiene products throughout the EEA. MT is active in the production of tissue products, baking and cooking papers. It is majority-owned (66 %) by the Metsd-Serla Corp., a Finnish forest industry