No L 186/38 Official Journal of the European Communities 21. 7. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION _ of 14 December 1993 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M308 — Kali + Salz/MdK/Treuhand) (Only the German text is authentic) (Text with EEA relevance) (94/449/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 (), and in particular Article 8 (2) thereof, Having regard to the Commission Decision of 16 August 1993 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) The notification in question concerns the proposed joint venture between Kali und Salz (K + S) and the Treuhandanstalt (Treuhand), which will combine the potash and rock-salt activities of K+S and Mitteldeutsche Kali AG (MdK). (*y OJ No L 395, 30. 12. 1989, p. 1. (corrected version, O] No L 257, 21. 9. 1990, p. 14). () OJ No C 199, 21. 7. 1994, p. 5. @ &) @ After examining the notification, the Commission found that the plan fell within the scope of Council Regulation (EEC) No 4064/89 (the ‘Merger Regulation’) and raised serious doubts as to its compatibility with the common market. The Commission therefore decided, on 16 August 1993, to initiate proceedings pursuant to Article 6 (1) (c) of the merger Regulation. By letter dated 5 August 1993 the Commission informed the parties involved of its decision to continue the suspension of the notified merger in whole, pursuant to Articles 7 (2) and 18 (2) of the merger Regulation, pending its final decision in the matter. I. THE PARTIES K +38, a subsidiary of the chemicals group BASF, is primarily engaged in producing potash (including specialty products), potash- and salt-based industrial products, and salt and in providing waste disposal services. The potash and rock-salt activities of the former German Democratic Republic (GDR) are combined in MdK. MdK’s sole shareholder is the Treuhand, an institution incorporated under public law whose task is to restructure the former GDR’s State-owned enterprises so as to make them competitive and then to privatize them.