5.12.92 Official Journal of the European Communities No L 356/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 July 1992 relating to a proceeding under Council Regulation (EEC) No 4064/89 (Case No. IV/M.- 190 — Nestlé/Perrier) (Only the English text is authentic) (92/553/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), and in particular Article 8 (2) thereof, Having regard to the Commission decision of 25 March 1992 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 (2), Whereas: I. BACKGROUND (1)  On 2§ February i992, Nestlé SA notified a public bid for 100 % of the shares of Source Perrier SA which was launched by Demilac, a jointly controlled (1) O] No L 395, 30.12.1989, p. 1; corrected version: OJ No L1257, 21.9.1990, p. 13. (2) O] No C 319, 5.12.1992, p. 3. (2) (3) (4) subsidiary of Nestlé and Banque Indosuez. Nestlé has an option to purchase the shareholding of Banque Indosuez in Demilac, which it has announced it will take up. On 30 January 1992, Nestlé concluded an agreement with BSN following which the Volvic source of Perrier will be sold to BSN if Nestlé acquires control over Perrier. By decision dated 17 March 1992, the Commission continued the suspension of the concentration pursuant to Article 7 (2) of Council Regulation No 4064/89 (the Merger Regulation). Nestlé has acquired the majority of the shares in Perrier but is refrained from exercising the voting rights attached to these shares pursuant to Article 7 (3) of the Merger Regulation. By decision dated 25 March 1992, the Commission declared that the proposed concentration raised serious doubts as to its compatibility with the common market. The Commission therefore initiated proceedings in this case pursuant to Article 6 (1) (c) of the Merger Regulation. L 1. CONCENTRATION AND COMMUNITY - , DIMENSION : Nestlé has notified a public bid by which it intends to acquire control over Source Perrier SA and its subsidiaries (hereinafter referred to as ‘Perrier’). The operation would thus lead to a concentration within