13.2.2004 Official Journal of the European Union L43/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 12 January 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2060 — Bosch/Rexroth) (notified under document number C(2000) 3785) (Only the German text is authentic) (Text with EEA relevance) (2004/123/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 (1), as last amended by Regulation (EC) No 1310/ 97 (3), and in particular Article 8(2) thereof, Having regard to the Commission Decision of 29 August 2000 to initiate proceedings in this case, Having regard to the opinion of the Advisory Committee on Concentrations (3), () OJ L 395, 30.12.1989, p. 1; corrigendum O] L 257, 21.9.1990, p. 13. (3 OJL180,9.7.1990, p. 1. () O] C39,13.2.2004. Whereas: On 13 July 2000 the Commission received a notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89. Under the proposed transaction, Robert Bosch GmbH (Bosch) intends to acquire control, within the meaning of Article 3(1)(b) of the Regulation, of Mannesmann Rexroth AG (Rexroth). Rexroth is a subsidiary of Mannesmann Atecs AG (Atecs), a Mannesmann AG holding company. After examination of the notification, the Commission concluded that the notified operation fell within the scope of Regulation (EEC) No 4064/89 and raised serious doubts as to its compatibility with the common market and with the functioning of the EEA Agreement. The Commission therefore decided on 29 August 2000, under Article 6(1)(c) of the Regulation, to initiate proceedings pursuant to Article 6(1)(c) of the Regulation and Article 57 of the EEA Agreement. The Advisory Committee discussed the draft of this Decision on 4 December 2000.