L 138/18 Official Journal of the European Union 1.6.2005 COMMISSION COMMISSION DECISION of 11 November 2003 declaring a concentration compatible with the common market and the EEA Agreement (Case COMP/M.2621 — SEB/Moulinex) (notified under document number C(2003) 4157) (Only the French text is authentic) (Text with EEA relevance) (2005/408/EC) On 11 November 2003 the Commission adopted a decision in a merger case pursuant to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), and in particular Atticle 8(2) of that Regulation. A non-confidential version of the full decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address: http://europa.eu.int/comm/competition/index_en.html The case concerns the acquisition by the company SEB of control of certain assets of the company Moulinex (brands, some production plants and some marketing subsidiaries); the transaction was notified to the Commission pursuant to Article 4 of Regulation (EEC) No 4064/89 on 13 November 2001. SEB and Moulinex are two French undertakings operating in the small electrical household appliances sector. Both operate worldwide in the sector. SEB markets its products mainly under two world brands, ‘Tefal’ and ‘Rowenta’ and Moulinex markets its products mainly under the international brands ‘Moulinex’ and Krups'. The acquisition of Moulinex’s assets by SEB took place within the framework of receivership proceedings involving the Moulinex group. The Commission adopted two Decisions on the merger on 8 January 2002. In the first, the Commission referred examination of the effects of the merger on competition in France to the French competition authorities, pursuant to Article 9 of the merger Regulation. In the second, pursuant to Article 6(2) of the merger Regulation, it authorised the merger in the other countries subject to the licensing of the Moulinex trade mark to independent third parties in nine countries of the European Economic Area (Belgium, Norway, the Netherlands, Germany, Austria, Portugal, Sweden, Denmark and Greece). The Court of First Instance of the European Communities annulled the authorising Decision as regards the countries for which no commitments had been given, namely Spain, Finland, Ireland, Italy and the United Kingdom (3. This new Decision re-examines the competitive impact of the transaction in those five countries. () OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1). (®) Judgment of the Court of First Instance in Case T-114/02 Babyliss SA v Commission of the European Communities.