No L 332/48 Official Journal of the European Communities 22. 12. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 June 19%4 declaring the compatibility of a concentration with the common market (Case No IV/M. 269 — Shell/Montecatini) (Only the English text is authentic) © (94/811/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishihg 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 7 February 1994 to initiative 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 Concentration (%), Whereas : (1)  These proceedings concern a proposed joint venture in the polyolefins sector (Sophia) between Shell Petroleum NV (hereinafter referred to as ‘Shell’) and Montedison Nederland NV (hereinafter referred to as ‘Montedison’) which was notified to the Commission on 4 January 1994 pursuant to Article 4 of Regulation (EEC) No 4064/89 (herei- nafter referred to as ‘the Merger Regulation’). () OJ No L 395, 30. 12. 1989, p. 1. (Corrigendum : O] No L 257, 21. 9. 1990, p. 13). () OJ No C 366, 22. 12. 1994, p. 3. @ 3 ) On 26 January 1994 the Commission decided to continue the suspension of the notified concentra- tion pursuant to Article 7 (2) of the Merger Regula- tion, and on 7 February 1994, initiated proceedings in this case pursuant to Article 6 (1)(c) of that Regulation. I. THE PARTIES AND THE OPERATION The parties Shell is a holding company within the Royal Dutch/Shell group of companies. Montedison belongs to the Ferruzzi group of companies. Its polyolefins interests are owned by Montecatini Nederland BV through two subsidiaries, Himont Incorporation (polyolefins) and Mopletan Spa (downstream applications). The operation as notified Under the original concentration plan notified to the Commission, Montedison would transfer to sophia, which is to be owned 50 % by Shell and 50 % by Montedison, all of its polyolefins interest word-wide, including production and marketing assets, intellectual property rights and R&D facili- - ties, as well as all upstream and downstream activi- ties. Montedison would retain only residual activi- ties in one of the markets of the joint venture, namely the rights to license the Spheripol process