3.5.2002 Official Journal of the European Communities L116/35 COMMISSION COMMISSION DECISION of 20 June 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.2201 — MAN/Auwiirter) (notified under document number C(2001) 1643) (Only the German text is authentic) (Text with EEA relevance) (2002/335/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 (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 ('), as last amended by Regulation (EC) No 1310/97 (3, and in particular Article 8(2) thereof, Having regard to the Commission Decision of 15 February 2001 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 3 January 2001, MAN Nutzfahrzeuge AG, Munich, (MAN) notified the Commission pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (the Merger Regulation) that it proposed to acquire sole control of the whole of Gottlob Auwirter GmbH & Co., KG, Stuttgart-Mohringen (Auwairter). (2)  After examining the notification, the Commission concluded on 15 February 2001 that the notified operation fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market. (3)  Following thorough investigation of the case, however, the Commission has now come to the conclusion that the proposed merger will not 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. O] L 395, 30.12.1989, p. 1; corrigendum OJ L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. () O] L 106, 3.5.2001.