L 50/10 Official Journal of the European Union 23.2.2005 COMMISSION COMMISSION DECISION of 14 December 1999 pursuant to Article 14 of Council Regulation (EEC) No 4064/89 imposing fines on an undertaking for supplying incorrect and misleading information in a notification in merger control proceedings (Case No COMP/M.1608 — KLM/Martinair III) (notified under document number C(1999) 4496) (Only the English text is authentic) (Text with EEA relevance) (2005/152[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, 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 14(1)(b) thereof, 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, Whereas: I. INTRODUCTION (1) Koninklijke Luchtvaart Maatschappij NV (KLM) is the leading Dutch international airline, based at Amsterdam Schiphol airport. KLM itself operates scheduled flights carrying passengers and cargo, serving a wide range of European and intercontinental destinations. KLM’s airline interests include Transavia Airlines BV, a majority-owned (80%) subsidiary specialising in passenger flights (scheduled and charter) mainly from the Netherlands to Mediterranean holiday destinations. KLM also has a sharcholding of 50% in Martinair Holland NV (Martinair), the remaining 50 % being held by Koninklijke Nedlloyd NV (Nedlloyd). The Commission considers that in this situation KLM and Nedlloyd can exercise ‘decisive influence’ within the meaning of Article 3(3) of Regulation (EEC) No 4064/89 (the Merger Regu- lation) over Martinair. Therefore they jointly control Martinair for the purposes of the Merger Regulation. Martinair is the second-largest Dutch airline, also based at Schiphol, operating mainly charter flights from Amsterdam to Mediterranean holiday destinations. It also has regular passenger services to a limited range of long haul destinations, notably in North America. On 1 September 1998 KLM notified, pursuant to Article 4 of the Merger Regulation, a proposed concentration by which it would acquire control of the whole of Martinair (3. The notification was withdrawn on 22 September 1998 () after the Commission informed KLM orally of its intention to declare the notification incomplete. On 21 December 1998 KLM notified the operation again (*). On 1 February 1999 the Commission decided to initiate proceedings in application of Article 6(1)(c) of the Merger Regulation (°), and on 19 March 1999 the Commission issued a statement of objections against the planned operation. On 31 May 1999 KLM informed the Commission that it had abandoned the operation. 2) Case No IV/M.1128 — KLM/Martinair (O] C 281, 10.9.1998, p. 7). ) I () O] C 298, 26.9.1998, p. 8. () OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regu- (*) Case No IV/M.1328 — KLM/Martinair (O] C 408, 29.12.1998, p. 8). lation (EC) No 1310/97 (O] L 180, 9.7.1997, p. 1). () O] C 42, 17.2.1999, p. 9.