L 211/22 Official Journal of the European Communities 29.7.98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 February 1998 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.986 — Agfa-Gevaert/DuPont) (notified under document number C(1998) 1290) (Only the English text is authentic) (Text with EEA relevance) (98/475/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(2)(a) 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 partic- ular Article 8(2) thereof, Having regard to the Commission Decision of 9 October 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 8 September 1997 the Commission received a notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (‘the () OJ L 395, 30. 12. 1989, p. 1; corrigendum OJ L 257, 21. 9. 1990, p. 13. ?) OJ C 238, 29. 7. 1998. ) Merger Regulation’), by which the undertakings Agfa-Gevaert AG and Agfa-Gevaert NV (‘Agfa’), which belong to the Bayer group, were to acquire within the meaning of Article 3(1) of the Merger Regulation the graphic arts film and offset printing plates businesses belonging to the group of E. I DuPont de Nemours & Company (‘DuPont). By decision of 29 September 1997, the Commis- sion ordered the continuation of the suspension of the notified concentration pursuant to Article 7(2) and Article 18(2) of the Merger Regulation. On 9 October 1997, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. On 24 November 1997 the Commission, in accordance with Article 18(1) of the Merger Regulation, submitted its objections to the notifying party. I. THE PARTIES Bayer AG is a diversified chemical and pharma- ceutical company. Agfa AG is a company belonging to the Bayer group. Agfa produces photographic products, technical imaging systems