L 234/14 Official Journal of the European Communities 21.8.98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 February 1998 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.950 — Hoffmann La Roche/Boehringer Mannheim) (notified under document number C(1998) 70) (Only the English text is authentic) (Text with EEA relevance) (98/526/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 2 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 (?), () OJ L 395, 30. 12. 1989, p. 1; corrigendum OJ L 257, 21. 9. 1990, p. 13. () OJ C 264, 21. 8. 1998. Whereas: (1) On 1 September 1997, the Hoffmann-La Roche Group (Roche) notified an acquisition, through its affiliate Roche Healthcare Ltd, of all of the shares of Corange Ltd from four family groups, by which Roche is acquiring sole control of Corange within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 (the Merger Regulation). ) By decision of 22 September 1997 the Commission ordered the continuation of the suspension of the notified concentration, pursuant to Article 7(2) and Article 18(2) of the Merger Regulation, until a final decision is reached in this case. On 2 October 1997, the Commission decided to initiate proceed- ings pursuant to Article 6(1)(c) of the Merger Regu- lation. 3) During the investigation of the case, the Agree- ment between the European Community and the Government of the United States of America regarding the application of their competition law (°) has been activated. () OJ L 95, 27. 4. 1995, p. 47.