9.8.97 Official Journal of the European Communities No L 218/15 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 January 1997 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.794 — Coca-Cola/Amalgamated Beverages GB) (Only the English text is authentic) (Text with EEA relevance) (97/540/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 Acces- sion of Austria, Finland and Sweden, and in particular Article 8 (2) thereof, Having regard to the Commission Decision of 13 September 1996 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 (%), Whereas: 1 On 9 August 1996, the Commission received noti- fication of an operation by which Coca-Cola Enter- () OJ No L 395, 30. 12. 1989, p. 1; corrected version OJ No L 257, 21. 9. 1990, p. 13. (» OJ No C 243, 9. 8. 1997. ) 3) prises Inc. (CCE) would acquire the entire issued share capital of Amalgamated Beverages Great Britain (ABGB), the parent company of the British bottling company, Coca-Cola & Schweppes Beverages Limited (CCSB). After examination of the notification, the Commis- sion decided on 13 September 1996 that the noti- fied operation fell within the scope of Regulation (EEC) No 4064/89 (the Merger Regulation) and raised serious doubts as to its compatibility with the common market and with the functioning of the EEA Agreement. I. THE PARTIES A. CCE CCE is the world’s largest bottler of the products of The Coca-Cola Company (TCCC). CCE was created in 1986 when TCCC began consolidating its US bottling operations and offered 51 % of CCE’s shares to the public. In the early 1990s, CCE merged with the Johnston bottling group, the largest independent Coca-Cola bottler in the United States. CCE operates primarily in the