No L 114/34 Official Journal of the European Communities 8. 5. 93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 12 November 1992 aeclaﬁng a concentration to be compatible with the common market’ (Case No IV/M.222 — Mannesmann/Hoesch) Council Regulation (EEC) No 4064/89 (Only the German text is authentic) (93/247/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), and in particular Article 8 (2) thereof, Having regard to the request of the German Bundeskar- tellamt of 29 June 1992 seeking referral of the case in accordance with Article 9 (2) of the above Regulation, Having regard to the Commission’s decision of 14 July 1992 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, ' After consultation with the Advisory Committee on Concentrations (%), Whereas : 1. THE NOTIFIED OPERATION (1) Mannesmannréhrenwerke AG (MRW) and Hoesch AG (Hoesch) intend to bring together their preci- () OJ No L 395, 30. 12. 1989, p. 1; republished in OJ No L 257, 21. 9. 1990, p. 13. () OJ No C 128, 8. 5. 1993, p. 3. @ &) sion steel tube business through the establishment of a new 50:50 joint venture (JV) called MHP Mannesmann Hoesch Priazisrohr GmbH (MHP). MRW will contribute its works at Brackwede, Holz- ‘hausen, Remscheid and Wickede, as well as its 75 % shareholding in Robur Buizenfabrik at Helmond in the Netherlands. In addition, the Mannesmannréhrenwerk Sachsen GmbH (MRS) works, making precision steel tubes, will become a dedicated production facility for MHP. Hoesch will contribute its works at Hamm, together with its 100 % shareholding in Schulte Rohrbearbeitung GmbH at Drensteinfurt. With regard to non-precision steel tubes, Hoesch . will in turn transfer ownership of its 100 % owned subsidiary, Hoesch Tubular Products Corporation, USA (HTP) to MRW and will give MRW a 50 % shareholding in its fully owned subsidiary, Gebr. Fuchs GmbH at Siegen (Fuchs). As such, Fuchs will become a 50:50 JV of MRW and Hoesch. That part of Hoesch’s works at Hamm producing non- precision steel tubes and which is to be transferred to MHP will become a dedicated production facility for MRW. Hoesch has no other non-precision steel activities. MRW’s existing non-precision tube business, as well as its steel tube subsidiaries in Brazil and in Turkey, will not be part of the transaction. MRW