30.10.2003 [ EN | Official Journal of the European Union L 282/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 June 2002 declaring a merger to be compatible with the common market and the EEA Agreement (Case COMP/M.2650 — Haniel/Cementbouw|JV (CVK)) (notified under document number C(2002) 2315) (Only the German text is authentic) (Text with EEA relevance) (2003/754[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 (3, and in particular Article 8(2) thereof, Having regard to the Commission Decision of 30 Novem- ber 2001 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (3), Having regard to the final report of the Hearing Officer in this case (%), (1) OJ L 395, 30.12.1989, p. 1; corrigendum O] L 257, 21.9.1990, p. 13. () OJL180,9.7.1997,p. 1. () O] C 261, 30.10.2003. (*) OJC 261, 30.10.2003. Whereas: On 24 January 2002 Franz Haniel & Cie GmbH (Haniel) and Cementbouw Handel & Industrie BV (Cementbouw) notified the Commission under Article 4 of Council Regulation (EEC) No 4064/89 (the Merger Regulation) of a concentration whereby in 1999 they acquired joint control, within the meaning of Article 3(1)(b) of the Merger Regulation, of Codperatie- ve Verkoop- en Produktievereniging van Kalkzandsteen- producenten (CVK, Netherlands) and its member undertakings through an agreement and by purchasing equity interests of RAG AG (RAG, Germany). The Commission examined the notification and found that the notified proposal fell within the scope of the Merger Regulation and raised serious doubts as to its compatibility with the common market and the EEA Agreement. It therefore decided to initiate proceedings under Article 6(1)(c) of the Merger Regulation. After a thorough examination of the case, the Commission has now reached the conclusion that the notified merger proposal did create a dominant position which appreciably restricts competition in a substantial part