16.7.1999 Official Journal of the European Communities L 183/29 COMMISSION DECISION of 10 February 1999 imposing fines for failing to notify and for putting into effect three concentrations in breach of Articles 4 and 7(1) of Council Regulation (EEC) No 4064/89 (Case IVIM.969 — A. P. Mgller) (notified under document number C(1999) 247) (Only the Danish text is authentic) (Text with EEA relevance) (1999/459/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 (!), as amended by Regulation (EC) No 1310/ 97 (3, and in particular Article 14(1)(a) and 14(2)(b) thereof, 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 (%), WHEREAS: (1)  During the examination of the concentration between Cable & Wireless and Maersk Data (%), notified pursuant to Article 4 of Regulation (EEC) No 4064/89 (‘the Merger Regulation) it became clear that the Danish company A. P. Mgller was to be considered as a group for the purpose of calculating turnover in accordance with Article 5 of the Merger Regulation and that the group's combined turnover exceeded the thresholds set out in the Merger Regulation. A. P. Meller then examined its past transactions in order to ascertain whether any of them had Community dimension and should thus have been notified to the Commission. As a result A. P. Moller notified the following three operations: Case IV/M.988 — Maersk DFDS Travel, Commission Decision of 4 November 1997; Case IV/M. 1005 - Maersk Data/Den Danske Bank — DM Data, Commission Decision of 15 January 1998 and Case IV/ M.1009 - Georg Fischer/DISA, Commission Decision of 10 March 1998. All concentrations were cleared in accordance with Article 6(1)(b) of the Merger Regulation. In all three decisions, the Commission noted that the transactions were concluded and put into effect several months before they were notified and that it " O] L 395, 30.12.1989, p. 1; corrected version O] L 257 21. 9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. () 0] C 201, 16.7.1999. (*) Case IVIM.951 — Cable & Wireless/Maersk Data — Nautec, Commission Decision of 10 July 1997 (O] C 235, 2.8.1997, p. 4). would therefore have to consider a possible application of Article 14 of the Merger Regulation. (2)  With regard to these three concentrations, A. P. Moller did not comply with Article 4(1) of the Merger Regulation which provides that concentrations with a Community dimension shall be notified to the Commission not more than one week after the conclusion of the agreement, or the announcement of the public bid, or the acquisition of a controlling interest. A. P. Moller also failed to fulfil the obligation set out in Article 7(1) according to which a concentration falling under the scope of the Merger Regulation shall not be put into effect either before its notification or within the first three weeks following its notification (°). (3)  On 12 October 1998, A. P. Moller was sent a statement of objections under Article 18 of the Merger Regulation, in order to give it the opportunity of replying to the Commission's objections prior to the possible adoption of a decision pursuant to Article 14. 4  On 21 October 1998, A. P. Moller replied to the statement of objections and did not request an oral hearing. (5)  This Decision covers all infringements derived from the absence of notifications and unlawful implementations of the three transactions referred to above. (°) Since the transactions were completed before Regulation (EC) No 1310/97 of 30 June 1997 entered into force, reference is made to the wording of Article 7(1) in Regulation (EEC) No 4064/89 as it was prior to 1 March 1998.