9.2.2001 Official Journal of the European Communities L 40/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 October 1999 declaring a concentration to be compatible with the common market and the EEA Agreement (Case IV/M.1439 Telia/Telenor) (notified under document number C(1999) 3314) (Only the English text is authentic) (Text with EEA relevance) (2001/98/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 thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as last amended by Regulation (EC) No 1310/97 of 30 June 1997 (%), and in particular Article 8(2) thereof, Having regard to the Commission decision of 15 June 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 (%), L) O] L 395, 30.12.1989, p. 1; corrected version O] L 257, 21.9.1990, p. 13. ) OJL180,9.7.1997, p. 1. () O] C 43, 9.2.2001. Whereas: (1) On 28 April 1999 a notification was received pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation’), by which the Swedish and Norwegian Governments announced that they would acquire joint control, within the meaning of the ECMR of a newly created company, Newco, set up to hold the shares of Telia AB (Telia’) and Telenor AS (‘Telenor’). On 25 May the notifying parties submitted certain proposed undertakings, which were conditional on the Commission's adoption of a decision pursuant to Article 6(1)(b) of the Merger Regulation. After examination of the notification, the Commission concluded that the notified operation fell within the scope of the Merger Regulation and raised 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 significantly impeded in the common market or in a substantial part of it and in the territory covered by the EEA Agreement. Therefore, on 15 June 1999, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.