L 14374 Official Journal of the European Communities 29.5.2001 COMMISSION DECISION of 14 March 2000 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.1672 Volvo/Scania) (notified under document number C(2000) 681) (Only the English text is authentic) (Text with EEA relevance) (2001/403/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 amended by Regulation (EC) No 1310/97 (%), and in particular Article 8(3) thereof, Having regard to the Commission Decision of 25 October 1999 to initiative 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 (3), Whereas: (1)  On 22 September 1999, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (Merger Regulation’) by which AB Volvo (Volvo’) pro- poses to acquire control of the whole of Scania AB (Scania’) by way of purchase of shares, within the meaning of Article 3(1)(b) of the Merger Regulation. (2)  After examining the notification, the Commission con- cluded 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 signifi- cantly impeded in the common market or in a substantial (1) O] L 395, 30.12.1989, p. 1; corrected version: O] L 257, 21.9.1990, p. 13. (3 OJL180,9.7.1997,p. 1. (3) OJ C 154, 29.5.2001. part of it and in the territory covered by the EEA Agreement. Therefore, on 25 October 1999, the Com- mission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. (3) On 9 December 1999, the Commission adopted decisions pursuant to Article 11(5) of the Merger regulation, because Volvo and Scania had failed to reply within the period fixed to a request for information relating to their competitive position on the markets for heavy trucks and buses. They had been asked to supply that information by 7 December 1999. The parties supplied the requested information on 20 December 1999. Therefore, pursuant to Article 9 of Commission Regulation (EC) No 447/98 of 1 March 1998 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings (4, the time periods referred to in Article 10(1) and (3) of the Merger Regulation were suspended for a total of 13 days. [. THE PARTIES (4)  Volvois registered in Sweden. Through its shareholdings in companies in the Volvo group, Volvo is primarily active in the manufacture and sale of trucks, buses construction equipment, marine and industrial engines, as well as aerospace components. Volvo's principal business units include (a) trucks (manufacture of heavy trucks weighing more than 16 tonnes as well as medium- heavy trucks, between 7 and 16 tonnes, and a range of related services and financing); (b) buses (manufacture of () OJL61,2.3.1998,p. 1.