L 201/102 Official Journal of the European Communities 17.7.98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 December 1997 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.942 — VEBA/Degussa) (notified under document number C(1997) 3833) (Only the German text is authentic) (Text with EEA relevance) (98/455/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (‘the Merger Regulation’) ('), and in particular Article 8(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 57 thereof, Having regard to the Commission Decision of 2 September 1997 initiating proceedings, Having regard to the opinion of the Advisory Committee on Concentrations (?), Whereas: (1)  On 2 July 1997 the Commission received noti- fication pursuant to Article 4 of the Merger Regula- tion of a planned transaction by which Veba AG (‘Veba) was to acquire control of Degussa AG (‘Degussa’). The notification failed to mention the () OJ L 395, 30. 12. 1989, p. 1 (corrigendum: OJ L 257, 21. 9. 1990, p. 13). () OJ C 224, 17. 7. 1998. @) ©) fact that the Veba subsidiary Hiils was doing busi- ness through a joint venture on one of the relevant markets, the market in fumed silica; and on 28 July 1997 the notification was declared incomplete. The notification was supplemented on 31 July 1997. By Decision of 22 July 1997 the Commission, pursuant to Article 7(2) and Article 18(2) of the Merger Regulation, ordered the suspension of the notified merger until such time as it had taken a final decision. By Decision of 2 September 1997 the Commission initiated proceedings under Article 6(1)(c) of the Merger Regulation. I. THE PARTIES Veba operates mainly in the following businesses: electricity, chemicals, oil, distribution, transport and services, and telecommunications. Its chem- icals interests are handled by its subsidiary Hiils and by Hils subsidiaries Rohm and Servo. Degussa operates in chemicals, health and nutri- tion, precious metals, and banking.