9.6.2001 Official Journal of the European Communities L 154/41 COMMISSION COMMISSION DECISION of 12 July 2000 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M. 1813 — Industri Kapital (Nordkem/Dyno) (notified under document number C(2000) 1988) (Only the English text is authentic) (Text with EEA relevance) (2001/432/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 (%), and in particular Article 8(2) thereof, Having regard to the Commission Decision of 3 August 1999 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 24 January 2000, the Commission received a noti- fication pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation) of a proposed concen- tration by which the Industri Kapital group (Industri Kapital) would acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Dyno ASA (Dyno), Norway. (2)  After examination of the notification, the Commission concluded by Decision of 25 February 2000 that the notified operation falls within the scope of the Merger () O] L 395 30.12.1989, p. 1; corrected version O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. () O] C 166, 9.6.2001. Regulation and raises serious doubts as to its compati- bility with the common market. The Commission there- fore decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. I. PARTIES Industri Kapital manages and controls a number of private equity funds. These funds control numerous undertakings. Among the undertakings controlled is Neste Chemicals Oy (Neste), a chemical company and Arca, a company active in materials handling systems. Dyno is the parent of a group of companies active in explosives, chemicals and plastic packaging. Dyno's two core businesses are chemicals and explosives. Dyno's chemical business can be divided into industrial resins, wood and speciality adhesives, paper overlays, coating resins, oil field chemicals, methanol, plastics and speciality polymers. Dyno has joint control together with CVC of the Polimoon Group (Polimoon), a company active, inter alia, in materials handling systems and plastic packaging. II. OPERATION Industri Kapital 1997 Fund (IK 97) and Industri Kapital 2000 fund (IK 2000) will acquire all the shares in Dyno through a Norwegian holding company, Nordkem AS. Dyno's explosives operations will be transferred to a holding company (NewCo Explosives) which will be jointly owned by IK 97 fund and IK 2000 fund. The