8.11.2003 [ EN | Official Journal of the European Union L291/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 April 2003 declaring a merger to be compatible with the common market and the EEA Agreement (Case COMP/M.2861 — Siemens| Drigerwerk/ JV) (notified under document number C(2003) 1385) (Only the German text is authentic) (Text with EEA relevance) (2003/777EC) 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 (hereinafter referred to as the EEA Agreement), 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 (1), as last amended by Regulation (EC) No 1310/97 (3), and in particular Article 8(2) thereof, Having regard to the Commission’s decision on 21 January 2003 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (3), Whereas: (1) On 6 December 2002, the Commission received notifi- cation of a proposed concentration pursuant to Article 4 () OJ L 395, 30.12.1989, p. 1 (corrigendum OJ L 257, 21.9.1990, p. 13). () OJL180,9.7.1997,p. 1. () OJC 269,8.11.2003. of Council Regulation (EEC) No 4064/89 (the Merger Regulation). The proposed concentration consists of the following: the German undertakings Siemens AG (Siemens) and Drigerwerk AG (Driger) are to acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of Driger Medical AG & Co. KGaA, Germany (JV), currently controlled by Driger alone, through the acquisition of equity interests. On 21 January 2003, having examined the notification, the Commission found that the notified operation fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceed- ings pursuant to Article 6(1)(c) of the Merger Regulation. Following an in-depth investigation of the case, the Commission takes the view that, although the notified proposal is liable in itself to lead to dominant positions as a result of which effective competition would be significantly impeded in a substantial part of the com- mon market, the commitments given by the parties allow the doubts as to the compatibility of the concen- tration to be removed.