16.4.2004 Official Journal of the European Union L 109/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 2 September 2003 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3083 — GE/Instrumentarium) (notifed under document number C(2003) 3156) (Only the English text is authentic) (Text with EEA relevance) (2004/322[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(2) thereof, Having regard to the Commission’s decision of 3 April 2003 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (%), Having regard to the final report of the Hearing Officer in this case (%), 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. (%) 0] C 92, 16.4.2004. (% 0] C 92, 16.4.2004. Whereas: On 28 February 2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation), whereby the US company General Electric Company (hereinafter referred to as GE) proposes to acquire sole control of the whole of the Finnish company Instrumentarium QY] (hereinafter: Instrumentarium), by way of a public tender offer announced on 18 December 2002. On 3 April 2003, having examined the notification, the Commission concluded that the notified operation fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the EEA Agreement. The Commission  therefore initiated  proceedings in accordance with Article 6(1)(c) of the Merger Regulation. On 28 April 2003, the Commission adopted a decision pursuant to Article 11(5) of the Merger Regulation, due to the fact that GE had not provided full responses to a request for information dated 7 April 2003 relating in particular to bidding and other data which was necessary to determine the competitive position of GE in the markets for patient monitors, mammography devices and C-arms. GE had been requested to supply the information by 14 April 2003. GE supplied the requested information on 15 May 2003. Accordingly,