31.3.1999 Official Journal of the European Communities L 88/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 November 1997 relating to proceedings under Council Regulation (EEC) No 4064/89 (Case No IV/M.913 — Siemens/Elektrowatt) (notified under document number C(1997) 3589) (Only the German text is authentic) (Text with EEA relevance) (1999/229/EC) THE COMMISSION OF THE COMMUNITIES, EUROPEAN Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, 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(!), as last amended by Regulation (EC) No 1310/97(?), and in particular Article 8(2) thereof, Having regard to the Commission’s decision of 28 July 1997 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (3), Whereas: (1) On 24 June 1997 the Commission received, pursuant to Article 4 of Council Regulation () OJ L 395, 30.12.1989, p. 1; corrected version: OJ L 257,21.9.1990, p. 13. (3) OJL180,9.7.1997, p. 1. () OJ C 90, 31.3.1999. (EEC) No 4064/89 (the Merger Regulation), notification of a proposed merger, whereby Siemens AG (Siemens) intends within the meaning of Article 3(1)(b) of the Merger Regulation to acquire control of Elektrowatt AG (Elektrowatt) through the purchase of shares. By letter dated 15 July 1997 the Commission informed the parties of its decision to suspend implementation of the notified merger under Articles 7(2) and 18(2) of the Merger Regulation until a final decision was issued. After  examining the notification, the Commission has established that the notified project falls within the scope of the Merger Regulation and gives rise to serious doubts about its compatibility with the common market and the functioning of the EEA Agreement. By decision dated 28 July 1997, therefore, the Commission  initiated  proceedings  under Article 6(1)(c) of the Merger Regulation. The Advisory Committee discussed the draft of the present decision on 24 October 1997.