L 48/86 Official Journal of the European Union 18.2.2004 COMMISSION DECISION of 26 September 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2434 — Grupo Villar Mir/[EnBW Hidroeléctrica del Cantibrico) (%) (notified under document number C(2001) 2861) (Only the Spanish version is authentic) (Text with EEA relevance) (2004/135/EC) 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(2)(a) 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) 1310/ 97 (3, and in particular Article 8(2) thereof, Having regard to the Commission’s Decision of 1 June 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, Having regard to the opinion of the Advisory Committee on Concentrations (3), Whereas: (1)  On 4 April 2001 the Commission was notified, under Atrticle 4 of Council Regulation (EEC) No 4064/89 (the Merger Regulation), of a proposed merger in which the firms Grupo Villar Mir and Energie Baden-Wiirttemberg (EnBW), the latter jointly controlled by Electricité de France (EDF) and Zweckverband Oberschwibische Elek- trizititswerke (OEW), were to acquire joint control of the Spanish firm Hidroeléctrica del Cantdbrico SA (Hidrocantabrico), by means of a public takeover bid by Ferroatldntica SL (Ferroatldntica). Ferroatlantica belongs (") See the final report of the Hearing Officer in O] C 42, 18.2.2004. () O] L 395, 30.12.1989, p. 1; corrected version O] L 257, 21.9.1990, p. 13. (3 OJL180,9.7.1997, p. 1. () O] C 42, 18.2.2004. to Grupo Villar Mir and, after completion of the operation, is to be jointly controlled by Grupo Villar Mir and EnBW. The notification was declared incomplete on 6 April 2001. On 10 April 2001, the notifying parties provided the additional information requested. The notification was completed, within the meaning of Article 10(1) of the Merger Regulation, on that date. After examining the notification, the Commission con- cluded that the operation fell within the scope of the Merger Regulation. By letter dated 14 May 2001, the Spanish authorities informed the Commission, in accordance with Article 9 of the Merger Regulation, that the proposed merger would create or strengthen a collective dominant pos- ition as a result of which effective competition would be significantly impeded in the electricity generation market in Spain. They stated that the merger would also affect the market in distributing and trading in electricity in the Autonomous Community of Asturias, which presented all the characteristics of a distinct market and was not a substantial part of the common market. The Spanish authorities therefore requested that the proposed merger be referred back to them in accordance with Article 9 of the Regulation. After a preliminary examination of the case, the Com- mission concluded that the proposed operation raised serious doubts as regards its compatibility with the common market, as it 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. Conse- quently, on 1 June 2001 the Commission decided to initiate proceedings under Article 6(1)(c) of the Merger Regulation.