30.3.2004 Official Journal of the European Union L 921 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 January 2000 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.1630 — Air Liquide/BOC) (notified under document number C(2000) 62) (Only the English text is authentic) (Text with EEA relevance) (2004/269EC) 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’s decision of 16 September 1999 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 (%), L) O] L 395, 30.12.1989, p. 1; corrected version in O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (%) 0] C 79, 30.3.2004. Whereas: 4) On 16 August 1999, the Commission received a notification pursuant to Article 4 of Regulation (EEC) No 406489 (the merger Regulation) of a proposed concentration whereby the undertaking Air Liquide SA (Air Liquide) acquires control within the meaning of Article 3(1)(b) of the merger Regulation of parts of the undertaking The BOC Group plc (BOC) by way of a public bid to be implemented jointly with the undertaking Air Products and Chemicals Inc. (Air Products) and the subsequent division of the businesses and assets of BOC. On 16 September 1999 the Commission decided in accordance with Article 6(1)(c) of the merger Regulation and Article 57 of the EEA Agreement to initiate proceedings in this case. The Advisory Committee discussed the draft of this Decision on 5 January 2000. I. THE PARTIES Air Liquide is an international group active in the field of industrial gases and related businesses, cogeneration