25.3.2004 Official Journal of the European Union L 88/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 January 2001 declaring a concentration to be compatible with the common market and the EEA Agreement (Case No COMP/M.2033 — Metso/Svedala) (notified under document number C(2001) 157) (Only the English text is authentic) (Text with EEA relevance) (2004/254[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 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 20 September 2000 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. (%) O] C 76, 25.3.2004. Whereas: On 7 August 2000, the Commission received a notification pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation) of a proposed concentration by which Metso Corporation (Metso) acquires control within the meaning of Article 3(1)(b) of the Merger Regulation of the whole of Svedala Industri AB (Svedala). After examining the notification, the Commission concluded that the notified operation falls within the scope of the Merger Regulation and raises serious doubts as to its compatibility with the common market, because 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 and in the territory covered by the EEA Agreement. Therefore, on 20 September 2000, the Commission decided to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. On 22 November 2000, the Commission communicated its objections to Metso, through a statement issued pursuant to Article 18 of the Merger Regulation and Protocol 21 of the EEA Agreement (the Statement of Objections). The Commission received Metso’s observations on this Statement on 11 December 2000.