10.2.2004 Official Journal of the European Union L 3847 COMMISSION DECISION of 11 June 2003 on the compatibility of a merger with the common market and the EEA Agreement (Case COMP/M.3506 — Celanese/Degussa/JV (European Oxo-Chemicals)) (notified under document number C(2003) 1821) (Only the German text is authentic) (Text with EEA relevance) (2004/105/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(2)(a) 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 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  consulted  the Committee  on Concentrations (%), Advisory Having regard to the final report of the Hearing Officer (¥), Whereas: (1)  On 18 December 2002 the Commission received notification of the planned merger in accordance with Article 4 of Council Regulation (EEC) No 4064/89 (hereinafter ‘Merger Regulation’). According to the notification, ~Celanese =~ Chemicals Europe GmbH (Celanese), a wholly owned subsidiary of Celanese AG, L) OJ L 395, 30.12.1989, p. 1; Corrigendum OJ L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1. (%) O] C 36, 10.2.2004. (% O] C 36, 10.2.2004. and Oxeno Olefinchemie GmbH (Oxeno), a wholly owned subsidiary of Degussa AG (Degussa), are establishing a joint venture (JV) in which they will merge their respective European Oxo-C3 business. The JV is to trade as European Oxo-Chemicals GmbH (EOC). Following examination of the notification, the Commission found that the notified operation falls within the scope of the Merger Regulation and raises serious doubts as to its compatibility with the common market. On 30 January 2003 the Commission, in accordance with Article 6(1)(c) of the Merger Regulation, decided to initiate proceedings. After detailed examination of the case, the Commission has come to the conclusion that the planned operation would not create a dominant position as a result of which competition would be significantly impeded in a substantial part of the common market. I. THE PARTIES The German firm Celanese Chemicals Europe GmbH is a wholly owned subsidiary of the German firm Celanese AG, a chemicals firm operating worldwide with core business in basic chemicals, acetates, technical synthetic fibres, polypropylene foil and food additives. The oxo-chemicals to be merged in the JV are oxo-alcohols, plasticisers and solvents used as intermediate products in the production of synthetic fibres, petrol additives, polyethylene foil, paints and varnishes. The German firm Oxeno Olefinchemie GmbH, with headquarters in Marl, Germany, is a wholly owned subsidiary of Degussa AG, with headquarters in Diisseldorf. At the time of the notification, Degussa was controlled by EON AG but is now part of RAG Aktiengesellschaft, Essen, Germany. It is in business