L 336/16 Official Journal of the European Communities 8.12. 97 COMMISSION DECISION of 30 July 1997 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.877 — Boeing/McDonnell Douglas) (Only the English text is authentic) (Text with EEA relevance) (97/816/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the European Economic Area (EEA) Agreement, and in particular Article 57 (1) 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 Accession of Austria, Finland and Sweden, and in particular Article 8 (2) thereof, Having regard to the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition law (3), and in particular Articles I and VI thereof, Having regard to the Commission decision of 19 March 1997 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 18 February 1997, the Commission received notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (Merger Regulation) by which the Boeing (1) OJ L 395, 30. 12. 1989, p. 1; corrected version OJ L 257, 21. 9. 1990, p. 13. (3) OJ L 95, 27. 4. 1995, p. 47. () OJ C 372, 9. 12. 1997. @y Company (Boeing) would acquire control within the meaning of Article 3 (1) (b) of the Merger Regulation of the whole of McDonnell Douglas Corporation (MDC). After examination of the notification, the Commission decided on 7 March 1997 to continue the suspension of the concentration until a final decision was  reached. The Commission subsequently concluded that the proposed concentration falls within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market, and by decision of 19 March 1997 it accordingly initiated proceedings pursuant to Article 6 (1) (c) of the Merger Regulation. I. THE PARTIES Boeing is a United States corporation whose shares are publicly traded. Boeing operates in two principal areas: commercial aircraft, and defence and space. Commercial aircraft operations involve development, production and marketing of commercial jet aircraft and providing related support services to the commercial airline industry worldwide. Defence and space operations involve research, development, production, modification and support of military aircraft and helicopters and related systems, space systems and missile systems, rocket engines, and information services. MDC is a US corporation whose shares are publicly traded. MDC operates in four principal areas: military aircraft; missiles, space and electronic  systems; commercial aircraft; and financial services. Operations in the first two industry areas involve the design, development, production and support of the following major products: military transport aircraft; combat aircraft and training systems; commercial and military  helicopters and ordnance; missiles;