L 101/134 Official Journal of the European Union 6.4.2004 COMMISSION DECISION of 30 January 2002 requiring undertakings to be separated adopted pursuant to Article 8(4) of Council Regulation (EEC) No 4064/89 (Case COMP/M.2283 — Schneider/Legrand) (notified under document number C(2002) 360) (Only the French version is authentic) (Text with EEA relevance) (2004/276[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 (3, and in particular Article 8(4) thereof, Having regard to the Decision adopted by the Commission on 10 October 2001, pursuant to Article 8(3) of Regulation (EEC) No 4064/89, declaring the concentration between Schneider and Legrand to be 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 on 24 October 2001, Having regard to the opinion of the Advisory Committee on Concentrations (%), Having regard to the final report by the Hearing Officer in this case (%), Whereas: BACKGROUND (1) On 16 February 2001 the Commission received notification, pursuant to Article 4 of Regulation (EEC) ) OJ L 395, 30.12.1989, p. 1. () o (3 OJ L 180, 9.7.1997, p. 1. () OJ C 86, 6.4.2004. (*) OJ C 86, 6.4.2004. 0) No 4064/89 (hereinafter ‘the Merger Regulation’) of a takeover plan whereby Schneider Electric (hereinafter ‘Schneider’) was to acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of Legrand (°) by way of a public offer for the exchange of shares announced on 15 January 2001. Article 7(3) of the Merger Regulation allows a public exchange offer to be implemented provided that the acquirer does not exercise the voting rights attached to the shares in question. The public offer closed on 25 July 2001 and Schneider holds 98,1 % of Legrand’s capital. On 10 October 2001 the Commission adopted a Decision (hereinafter ‘the incompatibility decision), pursuant to Article 8(3) of the Merger Regulation, declaring the planned merger between Schneider and Legrand to be incompatible with the common market and the functioning of the EEA Agreement. For the reasons set out in the incompatibility decision, the planned merger would have created a dominant position with the effect of significantly restricting effective competition on the following markets: — the markets in moulded case circuit breakers, miniature circuit breakers and cabinets for distribution boards in Italy; — the markets in miniature circuit breakers, earth leakage protection and cabinets for final panelboards in Denmark, Spain, Italy and Portugal; In this Decision, ‘Legrand’ refers to the whole of the Legrand group as it existed at the time Schneider’s offer closed.