6.9.95 Official Journal of the European Communities No L211/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 February 1995 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.477 — Mercedes-Benz/Kiassbohrer) (Text with EEA relevance) (Only the German text is authentic) (95/354/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 (!) (‘the Merger Regulation’), 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 14 October 1994 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations, Whereas: (1) This proceeding concerns the proposed acquisition of Karl Kissbohrer Fahrzeugwerke GmbH (‘Kassbohrer’), Ulm, by Mercedes-Benz AG (‘Mercedes-Benz’), Stuttgart. () O] No L 395, 30. 12, 1989, p. 1. Corrigendum: OJ No L 257, 21. 9. 1990, p. 13. (2) By decision of 5 October 1994, the Commission ordered the partial suspension of the concentration, pursuant to Article 7 (2) and Article 18 (2) of the Merger Regulation until it took a final decision. By decision of 14 October 1994, the Commission found that the notified concentration raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in the case pursuant to Article 6 (1) (c) of the Merger Regulation. Following an initial examination by the Advisory Committee on 9 January 1995, the Commission on 16 January 1995 sent the statement pursuant to Article 18 of the Merger Regulation in order to pursue clarification of the facts and circumstances. On 27 January 1995, a hearing took place of the undertakings involved in the merger and of third parties, at which further evidence was presented. The Advisory Committee discussed the draft of this Decision on 10 February 1995. I. 'THE PARTIES Mercedes-Benz is a subsidiary of Daimler-Benz AG. The company manufactures cars, trucks, buses and vehicle components. Kiassbohrer is a family-owned