29.7.97 Official Journal of the European Communities No L 201/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 July 1996 in a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.737 — Ciba-Geigy/Sandoz) (Only the German text is authentic) (Text with EEA relevance) (97/469/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (hereinafter referred to as ‘the Merger Regulation’) ('), and in particular Article 8 (2) thereof, Having regard to the EEA Agreement, an in particular Article 57 thereof, Having regard to the Commission decision of 2 May 1996 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations {~), Whereas: 1. The notification under consideration, which was made on 27 March 1996, concerns the proposed merger between Ciba-Geigy AG (Ciba) and Sandoz AG (Sandoz), both of Basle, to form a new single enterprise, Novartis AG (Novartis). (') O] No L 395, 30. 12. 1989, p. 1; corrigendum: O] No L 257, 21. 9. 1990, p. 13. 4y OJ No C 230, 29. 7. 1997. 2. 5. By decision of 18 April 1996, the Commission ordered the suspension of the notified merger, pursuant to Articles 7 (2} and 18 (2) of the Merger Regulation, until it had taken a final decision. Having  examined the notification, the Commission found that the project fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market. By decision of 2 May 1996, the Commission accordingly initiated proceedings pursuant to Article 6 (1) (¢) of the Merger Regulation. The Advisory Committee discussed the draft of this Decision on 2 July 1996. 1. THE PARTIES Ciba is a manufacturer of biological and chemical products in the health, agricultural and industrial sectors.