10.7.2001 Official Journal of the European Communities L 188/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 June 2000 on the compatibility of a concentration with the common market and with the EEA Agreement (Case COMP/M.1673 — VEBA|VIAG) (notified under document number C(2000) 1597) (Only the German text is authentic) (Text with EEA relevance) (2001/519/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 last amended by Regulation (EC) No 1310/97 (3), and in particular Article 8(2) thereof, Having regard to the Commission decision of 4 February 2000 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, After  consulting  the  Advisory =~ Committee  on Concentrations (3), Whereas: (1)  On 14 December 1999 a merger proposal was notified to the Commission under Article 4 of Regulation (EEC) No 4064/89 to the effect that VEBA Aktiengesellschaft (M O] L 395, 30.12.1989, p. 1; corrected version: O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1990, p. 1. () OJ C 192, 10.7.2001. and VIAG Aktiengesellschaft intend to merge within the meaning of Article 3(1)(a) of the Merger Regulation. On 4 February 2000 the Commission decided, pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the Agreement on the European Economic Area (EEA Agreement), to initiate proceedings in this case. The Advisory Committee discussed a draft of this Decision on 24 May 2000. I. THE PARTIES AND THE PROPOSED TRANSACTION VEBA is a diversified group with businesses in electricity, natural gas, oil, chemicals, telecommunications, water, waste disposal, steel trading, logistics and property management. The group operates at all levels of the electricity industry through its subsidiary PreussenElektra AG (hereinafter: PreussenElektra). PreussenElektra is one of the largest German interlinked power companies; its traditional supply area comprises the northern Lander of Schleswig-Holstein and Lower Saxony and large parts of Hessen. With RWE and Bayernwerk AG, which is part of VIAG, it had, in addition, together with the other west German interconnected power companies, taken over Vereinigte Energiewerke AG (VEAG) following German unification. In any event, PreussenElektra