L 300/62 Official Journal of the European Union 18.11.2003 COMMISSION DECISION of 30 April 2003 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2903 — DaimlerChrysler/Deutsche Telekom/JV) (notified under document number C(2003) 1409) (Only the German version is authentic) (Text with EEA relevance) (2003/792/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 (3), and in particular Article 8(2) thereof, Having regard to the Commission’s decision of 20 December 2002 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 (%), Having regard to the final report of the Hearing Officer in this case (%), Whereas: (1) On 11 November 2002 the Commission received noti- fication of a proposed concentration in accordance with Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation). The transaction involves the following: the German enterprises, DaimlerChrysler Services AG (DaimlerChrysler Services), a member of the Daimler- Chrysler group (DaimlerChrysler), and Deutsche Telekom AG (Telekom) intend to acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of (") OJ L 395, 30.12.1989, p. 1 (corrigendum in O] L 257, 21.9.1990, p. 13). () O] L 180, 9.7.1997, p. 1. () O] C 277, 18.11.2003. () O] C 277, 18.11.2003. a newly established joint venture, Toll Collect GmbH (Toll Collect), through the purchase of shares. Besides the notifying Parties, the French enterprise, Compagnie Financiére et Industrielle des Autoroutes SA (Cofiroute), is also a party to the joint venture, with a 10 % holding. Having examined the notification, the Commission initi- ally found that the notified transaction fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market and the EEA Agreement. On 20 December 2002 the Commission accordingly initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. Following an in-depth investigation of the case, the Commission has now come to the conclusion that, although the notified proposal has led to the creation of a dominant position as a result of which effective competition is significantly impeded in a substantial part of the common market, the commitments given by the Parties allow the doubts as to the compatibility of the concentration to be removed. I. THE PARTIES AND THE TRANSACTION A. The Parties DaimlerChrysler Services is a subsidiary of Daimler- Chrysler, which operates in the financial services and mobility management sectors. Its activities range from financial planning for all DaimlerChrysler vehicle makes to the management of fleets of varied composition. DaimlerChrysler develops, manufactures and markets cars, trucks, buses and diesel engines. In addition, it has holdings in aerospace and armaments companies. Telekom is a telecommunications undertaking that does business principally in Europe and the USA. It operates, directly or through associated undertakings, in areas such as fixed-line networks and mobile telephony and in the Internet and systems solutions fields.