15.5.98 Official Journal of the European Communities L 145/41 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 September 1997 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.833 — The Coca-Cola Company/Carlsberg A/S) (Only the English text is authentic) (Text with EEA relevance) (98/327/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 ('), as amended by the Act of Accession of Austria, Finland and Sweden, and in par- ticular Article 8(2) thereof, Having regard to the Commission Decision of 2 May 1997 to initiate proceedings in this case, Having given the undertakings concerned the oppor- tunity 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 25 March 1997, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/ 89 (the Merger Regulation) by which The Coca- () OJ L 395, 30. 12. 1989, p. 1; corrigendum OJ L 257, 21. 9. 1990, p. 13. () OJ C 149, 15. 5. 1998. ) ) Cola Company (TCCC) and Carlsberg A/S (Carls- berg) will set up a jointly-owned company, Coca- Cola Nordic Beverages (CCNB). This joint venture will own interests in various soft drink entities in the Nordic region, including certain assets that will be transferred from Carlsberg to TCCC pursuant to a licence agreement. The notification concerns Denmark and Sweden. By decision of 14 April 1997, the Commission ordered the continuation of the suspension of the notified concentration, pursuant to Article 7(2) and Article 18(2) of the Merger Regulation, pending its final decision. After examination of the notification, the Commis- sion 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 and with the functioning of the EEA Agreement. The Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation on 2 May 1997. I. THE PARTIES TCCC TCCC, a US company, is a major brand owner and global supplier of soft drink concentrates and