6.4.2004 Official Journal of the European Union L 101/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 October 2001 declaring a concentration to be incompatible with the common market Council Regulation (EEC) No 4064/89 (Case COMP/M.2283 — Schneider/Legrand) (notified under document number C(2001) 3014) (Only the French version is authentic) (Text with EEA relevance) (2004/275/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 (1), as last amended by Council Regulation (EC) No 1310/97 of 30 June 1997 (3, and in particular Article 8(3) thereof, Having regard to the Commission decision of 30 March 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 (%), Having regard to the final report by the Hearing Officer in this case (%), L) OJ L 395, 30.12.1989, p. 1; corrected version: OJ L 257, 21.9.1990, p. 13. (® OJ L 180, 9.7.1997, p. 1; corrected version: O] L 40, 13.2.1998, p. 17. (%) O] C 86, 6.4.2004. () O] C 86, 6.4.2004. Whereas: On 16 February 2001 the Commission received notification, pursuant to Article 4 of Council Regulation (EEC) No 4064/89, of a takeover plan whereby Schneider Electric was to acquire, within the meaning of Article 3(1)(b) of Council Regulation (EEC) No 4064/89 (hereinafter ‘the Merger Regulation’), sole control of Legrand by way of an exchange of shares announced on 15 January 2001. I. THE PARTIES Schneider Electric (hereinafter ‘Schneider’), a French limited company, is the parent company of a group whose business is in the production and sale of products and systems in the electricity distribution, industrial control and automation sectors. It is active worldwide. Legrand (hereinafter ‘Legrand’), a French limited company, is the parent company of a group whose business is in the production and sale of low-voltage switchgear and accessories. It is active worldwide.