No L 299/64 Official Journal of the European Communities 30. 10. 90 (Acts whose publication is not obligatory) COMMISSION ' COMMISSION DECISION of 15 October 1990 relating to a proceeding under Article 85 of the EEC Treaty (IV/32.681 — Cekacan) (Only the German text is authentic) (90/535/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulaton No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 4, 6 and 8 thereof, Having regard to the notification made on 28 March 1988 by Akerlund & Rausing (hereinafter referred to as A & R) (Sweden) concerning a cooperation agreement concluded on 17 February 1987 with Europa Carton Aktiengesell- schaft (hereinafter referred to as ECA) (Germany), Having regard to the summary of the notification (3), published pursuant to Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS (1) A &R applied for negative clearance or, alternat- ively, exemption under Article 85 (3) of the EEC Treaty of a cooperation agreement concluded with - ECA concerning the use and marketing in certain () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 293, 21. 11. 1989, p. 4. (2) 3) Member States of the Community and in non- Community countries of a new method and a new type of packaging known as Cekacan. Cooperation lay essentially in the setting-up of a new company, Ceka Europe, of which 74 % was owned by A & R and 26 % by ECA. A. The undertakihgs A &R is a Swedish group activities of which comprise packaging, chiefly for foodstuffs. It carries out research into new packaging systems based on materials composed of paperboard, aluminium and plastic, regarded as the new generation of pack- aging materials compared with traditional glass and metal. A & R is owned by Swedish Match, a group recently purchased by the Swedish forestry group Stora. In 1986, A&R achieved a turnover of ECU 250 million, whilst that of Swedish Match was ECU 1 500 million. ECA is a German company, the activities of which are chiefly in the paperboard and paperboard pack- aging sectors. It owns two paperboard mills, carton folding and printing plants and eight corrugated container plants in Germany, and one carton folding and printing plant in the Netherlands. ECA is owned by Consolidated-Bathurst Inc. of Canada, a group recently purchased by the US Stone Container Corporation.