6.5.2003 [ EN_ Official Journal of the European Union L 111/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 April 2002 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2568 — Haniel/Ytong) (notified under document number C(2002) 1396) (Only the German text is authentic) (Text with EEA relevance) (2003/292/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 30 November 2001 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (%), Having regard to the final report of the Hearing Officer in this case (%), () OJ L 395, 30.12.1989, p. 1; corrigendum O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (%) 0] C 107, 6.5.2003. (% 0] C 107, 6.5.2003. Whereas: On 16 October 2001 Haniel Bau-Industrie Porenbeton Holding GmbH, which belongs to the Haniel group (Haniel’), notified the Commission under Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation’) of a planned concentration whereby Haniel was, by share acquisition, to acquire sole control of Ytong Holding AG (‘Ytong). The Commission examined the notification and 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 30 November 2001, the Commission therefore decided to initiate proceedings under Article 6(1)(c) of the Merger Regulation. In so far as the proposed concentration concerned Germany, the Commission adopted a decision on the same day referring the case to the competent German authorities under Article 9(3) of the Merger Regulation. Following a detailed investigation of the case, the Commission has now come to the conclusion that by itself the proposed concentration would indeed create or strengthen a dominant position as a result of which effective competition would be significantly impeded in a substantial part of the common market. But the commitments entered into by Haniel allow the