16.4.2005 Official Journal of the European Union L 98/27 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 July 2004 imposing fines on an undertaking for supplying incorrect or misleading information in a notification in a merger control proceeding (Case No COMP/M.3255 — Tetra Laval/Sidel) (notified under document number C(2004) 2500) (Only the English version is authentic) (Text with EEA relevance) (2005/305/EC) On 7 July 2004 the Commission adopted a Decision under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), and in particular Articles 14(1)(b) and 14(1)(c) of that Regulation. A non confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate General for Competition, at the following address: http:/ [europa.eu.int/comm/competition/index_en.html I. THE PARTIES Tetra Laval B.V. (Tetra) of the Netherlands, is a privately held group of companies, which is active in the design and manufacture of equipment, consumables and ancillary services for the processing, packaging and distribution of liquid food. Sidel S.A., (Sidel) is a French company involved in the design and production of packaging equipment and systems, in particular, stretch blow moulding machinery, barrier technology and filling machines for polyethylene terephthalate plastic bottles (PET bottles). II. THE TRANSACTION On 18 May 2001, the Commission received a notification (the Original Notification) pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (the Merger Regulation) of a concentration whereby Tetra acquired within the meaning of Article 3(1)(b) of the Merger Regulation, (") OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regu- lation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1). control of Sidel by public bid announced on 27 March 2001. 1II. PROCEDURE After examination of the Original Notification, the Commission concluded that the notified operation fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the EEA Agreement. On 5 July 2001, the Commission decided in accordance with Article 6(1)(c) of the Merger Regulation to initiate proceedings in this case. On 30 October 2001, the Commission declared the operation incompatible with the common market, following an in-depth investigation (Tetra I). By judgment (the Judgment) delivered on 25 October 2002, the Court of First Instance of the European Communities (CFI) annulled the Commission’s Decision in its entirety. Following the judgment, the Commission re-commenced its examination of the notified concentration pursuant to Article 10(1) and 10(5) Merger Regulation. On 13 January 2003, the Commission decided not to oppose the notified