23.7.9 Official Journal of the European Communities No L 183/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 January 1996 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.623 Kimberly-Clark/Scott) (Text with EEA relevance) (Only the English text is authentic) (96/435/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 EEA Agreement and in particular Article 57 (1) thereof, Having regard to the Commission Decision of 12 September 1995 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 (%), (1), On 8 August 1995 the Kimberly-Clark Corporation of Dallas, United States of America (KC) notified the Commission of its intention to ('Y O] No L 395, 30. 12. 1989, p. 1. Corrigendum: O] No L 257, 21. 9. 1990, p. 13. Merger Regulation. (3 OJ No C 213, 23. 7. 1996. merge its worldwide activities with the Scott Paper Company of Philadelphia, United States of America (Scott). ‘Newco’, a newly formed wholly-owned subsidiary of KC, will be merged with Scott, subsequent to which the surviving corporation will be controlled by KC. (2)  On 12 September 1995 the Commission concluded that the notified operation falls within the scope of Regulation (EEC) 4064/89 and decided to initiate proceedings in application of Article 6 (1) (c) of the Merger Regulation. I. THE PARTIES (3)  KC is mainly engaged in the production and sale of a wide range of paper- and related products for personal, business and industrial use on a worldwide basis. It is a leading supplier of a variety of consumer products, such as disposable baby nappies, adult incontinence, feminine protection (‘fempro’) and sanitary tissue products. Total KC turnover is about ECU 6 200 million of which [...](%) is generated by tissue and related products. (4)  Scott is active worldwide primarily in the manufacture and sale of tissue products for personal care, environmental cleaning and wiping, (*) Deleted confidential information.