14. 1. 97 Official Journal of the European Communities No L 11/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 October 1995 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.580 — ABB/Daimler-Benz) (Only the German text is authentic) (Text with EEA relevance) (97/25/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the EEA Agreement, 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 particular Article 8 (2) thereof, Having regard to the Commission decision of 23 June 1995 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections of the Commission, Having regard to the opinion of the Advisory Committec on Concentrations (), Whereas: () OJ No L 395, 30. 12. 1989, p. 1; corrigendum: O] No L 257, 21. 9. 1990, p. 13. (*) O] No C 13, 14. 1. 1997. (1) The notification under consideration, which was made on 8 May 1995, concerns the proposed setting up, by Asea Brown Boveri AG (ABB), Zurich, and Daimler-Benz  Aktiengesellschaft (Daimler-Benz), of a joint venture, ABB Daimler-Benz Transportation, to which the two parent companies wish to transfer their worldwide activities in the sphere of rail technology. By decision of 31 May 1995, the Commission has ordered the suspension of the notified concentration, pursuant to Articles 7 (2) and 18 {(2) of Regulation (EEC) No 4064/89 (hereinafter called ‘the Merger Regulation’), until it takes a final decision. Having examined the notification, the Commission found that the project falls within the scope of the Merger Regulation and raises serious doubts as to its compatibility with the common market. By decision of 23 June 1995, the Commission accordingly initiated proceedings pursuant to Article 6 (1) (¢) of the Merger Regulation. By letter dated 2 June 1995, the Federal Republic of Germany informed the Commission, pursuant