25.11.98 Official Journal of the European Communities L 316/33 COMMISSION DECISION of 6 May 1998 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.970 — TKS/ITW Signode/Titan) (notified under document number C(1998) 1257) (Only the English text is authentic) (Text with EEA relevance) (98/666/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 (%), and in particular Article 8(2) thereof, Having regard to the Commission Decision of 22 December 1997 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) On 20 November 1997, the Commission received a notification under Article 4 of Council Regulation (EEC) No 4064/89 (hereinafter ‘the Merger Regulation’) of a proposed operation by which the German undertakings Thyssen Krupp Stahl GmbH (‘TKS’) and ITW Signode Holding GmbH (ITW Signode’) were to acquire joint control of the German company Titan Umreifungstechnik GmbH (“Titan’). (2) After examination of the notification the Commission has concluded that the notified operation constitutes a concentration falling within the scope of the Merger Regulation. On (") OJ L 395, 30.12.1989, p. 1; corrected version: OJ L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (%) OJ C 363, 25.11.1998. 22 December 1997, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation after finding that the notified concentration raises serious doubts as to its compatibility with the common market. I. THE PARTIES (3) TKS is a joint venture company into which Thyssen Stahl AG and the Krupp-Hoesch Stahl AG have merged their activities in the production and distribution of quality steel flat products(*). The business areas which are merged into TKS achieved a total worldwide turnover of approximately ECU 2880 million in 1996, of which ECU [...](%) million were achieved within the Community and ECU [...] million were achieved in the EFTA States. (4) ITW Signode is a fully-owned holding company of the US undertaking Illinois Tool Works, Inc. (ITTW’) and the sole owner of the Signode System GmbH. The business activity of Signode System GmbH essentially consists in the production and distribution of strapping band made of steel and plastic as well as seals for their closure. The ITW group achieved a total worldwide turnover of ECU 3 935 million in 1996, of which approximately ECU [...] million were achieved within the Community and ECU [...] million were achieved in the EFTA States. (5) Titan is currently a fully-owned subsidiary of the Krupp-Hoesch group and possesses two production facilities in Germany, one production facility for steel strapping, balelocks and seals located in Hagen-Kabel and one operating branch located in Schwelm for the design, manufacture and marketing (*) The creation of this jointly controlled company was the subject of proceedings under the Merger Regulation and Article 66 of the ECSC Treaty. See Commission Decision in Case IV/IM.925 — Krupp Hoesch/Thyssen, (O] C 285, 20.9.1997, p. 14) and Case IV/ECSC.1243 respectively. (°) This version of the Decision has been edited to ensure that confidential information is not disclosed.