24.4.2003 Official Journal of the European Union L103/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 December 2001 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2530 — Siidzucker/Saint Louis Sucre) (notified under document number C(2001) 4524) (Only the German text is authentic) (Text with EEA relevance) (2003/259EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to the Agreement on the European Economic Area, and in particular Article 57 thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as last amended by Regulation (EC) No 1310/ 97 (3), and in particular Article 8(2) thereof, Having regard to the Commission’s decision of 23 August 2001 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, After consulting the Advisory Committee on Concen- trations (3), (1) OJ L 395, 30.12.1989, p. 1; corrigendum OJ L 257, 21.9.1990, p. 13. () OJL180,9.7.1997,p. 1; corrigendum OJ L 40, 13.2.1998, p. 17. (3) 0] C97,24.4.2003. Having regard to the final report of the Hearing Officer in this case (4), Whereas: (1) On 20 July 2001 Siidzucker AG, Mannheim/Ochsenfurt (Stidzucker), notified the Commission under Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation) of a planned transaction whereby Siidzucker was to acquire sole control of the whole of Saint Louis Sucre SA, Paris (SLS). (2)  The Commission examined the notification, and found that the notified transaction fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market. (3)  After a thorough investigation of the case the Com- mission has now come to the conclusion that in itself the notified merger proposal is indeed likely to strengthen dominant positions as a result of which effective competition would be significantly impeded in a substantial part of the common market. But the commitments Siidzucker has entered into remove the competition concerns that it raises. (4) OJ C 97, 24.4.2003.