16.7.1999 Official Journal of the European Communities L 183/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 November 1998 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case IV/M.1157 - Skanska/Scancem) (notified under document number C(1998) 3434) (Only the English text is authentic) (Text with EEA relevance) (1999/458/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, and in particular Article 57(2)(a) 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 decision of 14 July 1998 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 (%) WHEREAS: ()  On 3 April 1998, the Commission received a notification of a concentration by which Skanska AB () O L 395 30.12.1989, p. 1; 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. () O] C 201 16.7.1999. corrected version O] L 257, (publ) (Skanska) of Sweden has acquired within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 (the Merger Regulation) sole control of Scancem AB (publ) (Scancem) of Sweden by way of purchase of shares. The shares were acquired on the Stockholm Stock Exchange in the period between 9 and 14 October 1997. (2)  The notification was declared incomplete on 7 May 1998 according to Article 4 of Commission Regulation (EC) No 447/98 of 1 March 1998 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations  between undertakings (). Complete information was obtained on 12 June 1998 and the notification thus became effective within the meaning of Article 4(2) of Regulation (EC) No 447/98 on 15 June 1998. (3)  After examination of the notification, the Commission concluded that the notified operation falls within the scope of the Merger Regulation and could create or strengthen a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it and in the territory covered by the EEA Agreement. Therefore, on 14 July 1998, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation. * OJL61,2.3.1998, p. 1.