28.2.2004 Official Journal of the European Union L 6353 COMMISSION COMMISSION DECISION of 29 September 2000 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.1879 — Boeing/Hughes) (notified under document number C(2000) 2740) (Only the English text is authentic) (Text with EEA relevance) (2004/195[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 (3, and in particular Article 8(2) thereof, Having regard to the Commission's decision of 26 May 2000 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (?), Whereas: (1)  On 18 April 2000, the Commission received a notifica- tion pursuant to Article 4 of the Regulation (EEC) No 4064/89 (the Merger Regulation) by which the Boeing Company (Boeing’ or ‘the notifying party’) acquires control within the meaning of Article 3(1)(b) of the Merger Regulation the satellite prime contracting and equipment business of Hughes Electronics Corporation (Hughes). () O] L 395, 30.12.1989, p. 1 (corrected version in O] L 257, 21.9.1990, p. 13). () OJ L 180, 9.7.1997, p. 1. () OJ C 53, 28.2.2004. ) By decision dated 26 May 2000, the Commission found that the notified operation raised serious doubts as to its compatibility with the common market and initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation and Article 57(2)(a) of the EEA Agreement. I. THE PARTIES Boeing is a Delaware corporation operating in the field of commercial aircraft, defence and space industries, including the production and launch of satellites. Boeing's satellite business involves primarily the manu- facture of global positioning systems (GPS) navigation satellites for the United States Department of Defence. Boeing provides satellite launch services for commercial customers worldwide as well as for the United States Government  through its  wholly-owned  Delta programme. Boeing is also a minority shareholder through a 40 % interest in another launch service provider named Sea Launch. The Sea Launch joint venture started operations in 1999. Hughes is a US-based subsidiary of General Motors, active in satellite-based services (including communica- tions services and pay-TV), and satellite manufacturing. Hughes' satellite prime contracting and equipment busi- ness consists of Hughes Space and Communications Company (HSC), Spectrolab Inc. (Spectrolab) and Hughes Electron Dynamics (HED): HSC designs and manufactures communication satellites for commercial customers worldwide as well as for the US Department of Defence and NASA, while Spectrolab and HED produce components primarily for use in satellites (such as solar cells, solar panels, travelling wave tubes and batteries).