29.5.2001 Official Journal of the European Communities L1431 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 February 2000 declaring a concentration to be compatible with the common market (Case No COMP/M.1628 — TotalFina/Elf) Council Regulation (EEC) No 4064/89 (Notified under document number C(2000) 363) (Only the French text is authentic) (Text with EEA relevance) (2001/402/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES Having regard to the Treaty establishing the European Com- munity, 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 last amended by Regulation (EC) No 1310/97 (%), and in particular Article 8(2) thereof, Having regard to the Commission Decision of 5 October 1999 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 (3), Whereas: (1) OJ L 395, 30.12.1989, p. 1 (Corrigenda: O] L 257, 21.9.1990, p. 13). (3 OJL180,9.7.1997, p. 1 (Corrigenda: OJ L 40, 13.2.1998, p. 17). () OJ C154,29.5.2001. (1) On 24 August 1999 the European Commission was notified, in accordance with Article 4 of Regulation (EEC) No 4064/89, of a planned merger whereby TotalFina would acquire full control, within the meaning of Article 3(1)(b) of Council Regulation (EEC) No 4064/89, of Elf Aquitaine by way of a public takeover bid announced on 5 July 1999. I. THE PARTIES TO THE TRANSACTION TotalFina is a public limited company formed under French law, in business in the production of petroleum and gas, refining, distribution of petroleum products, petrochemicals and speciality chemicals. Its business is worldwide. Elf Aquitaine is a public limited company formed under French law, in business in the production of petroleum and gas, refining, distribution of petroleum products, petrochemicals, speciality chemicals and health-care. Its business is worldwide.