10.2.2004 Official Journal of the European Union L 38/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 January 2002 setting out measures in order to restore conditions of effective competition pursuant to Article 8(4) of Council Regulation (EEC) No 4064/89 (Case COMP/M. 2416 — Tetra Laval/Sidel) (notified under document number C(2002) 359) (Only the English text is authentic) (Text with EEA relevance) (2004/103/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 (}), as last amended by Regulation (EC) No 1310/97 (?), and in particular Article 8(4) thereof, Having regard to the Commission’s decision of 30 October 2001 pursuant to Article 8(3) of Regulation (EEC) No 4064/89 declaring the concentration between Sidel SA and Tetra Laval BV incompatible with the common market and the functioning of the EEA Agreement, 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 (%), 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. (%) O] C 36, 10.2.2004. Having regard to the final report of the Hearing Officer in this case (%), Whereas: I. THE FACTS The implemented concentration (),  On 18 May 2001, the Commission received a notification pursuant to Article 4 of Regulation (EEC) No 406489 (the Merger Regulation) of a proposed concentration whereby Tetra Laval SA, France, belonging to Tetra Laval BV (Tetra), the Netherlands, a holding company within the Tetra Laval Group which is a privately held group of companies, proposed to acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the French company Sidel SA (Sidel) by way of a public bid announced on 27 March 2001. In accordance with French law, the bid was unconditional. (2 Article 7(3) of the Merger Regulation allows the implementation of a public bid which has been notified to the Commission in accordance with Article 4(1) of that Regulation provided that the acquirer does not exercise the voting rights attached to the securities in question. Pursuant to the bid, approximately 27,1 () 0] C 36, 10.2.2004.