L 91/40 Official Journal of the European Union 30.3.2004 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 June 2002 pursuant to Article 14 of Council Regulation (EEC) No 4064/89 imposing fines on an undertaking for supplying incorrect and misleading information in a notification in merger control proceedings (Case No COMP/M.2624 — BP|Erdolchemie) (notified under document number C(2002) 2208) (Only the English text is authentic) (Text with EEA relevance) (2004/285[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, 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 14(1)(b) thereof, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations (?), Having regard to the final report of the Hearing Officer in this case (), Whereas: I. THE PARTIES AND THE TRANSACTION (1) On 23 February 2001 the Commission received a notifi- cation pursuant to Article 4 of Regulation (EEC) No 4064/89 (the Merger Regulation) from Deutsche BP AG (Deutsche BP) of a proposed concentration in the chemi- cals industry (case COMP/M.2345-BP[Erdolchemie), by () 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. () O] C79,30.3.2004. which it acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Erdolchemie GmbH (EC) (*). (2)  Deutsche BP is a German subsidiary of BP plc (BP), the holding company of a multinational oil exploration, petroleum and petrochemical group. EC is a manufac- turer and seller of petrochemicals with manufacturing facilities at Cologne in Germany, which was initially established as a joint venture jointly controlled by Bayer AG and BP via Deutsche BP. The transaction therefore consisted of a change from joint to sole control. II. PROCEDURE (3)  One of the chemical products where according to the notification the horizontal overlaps between the parties would lead to an affected market was acrylonitrile (ACN). The notification was declared incomplete on 21 March 2001, due to lacking information on ACN tech- nology licensing, ACN catalyst and the ACN supply/ demand situation and trade flows world-wide. After the parties had provided additional information regarding Form CO sections 4, 7 and 8 for ACN technology and catalyst and the requested information on the () OJ C 71, 3.3.2001, p. 22.