No L 334/42 Official Journal of the European Communities 5. 12. 91 I (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 2 October 1991 declaring the incompatibility with the common market of a concentration (Case No IV/M.053 — Aerospatiale-Alenia/de Havilland) Council Regulation (EEC) No 4064/89 (Only the English, French and Italian texts are authentic) (91/619/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 (3) thereof, Having regard to the Commission Decision of 12 June @ 1991 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, Having regard to the opinion of the Advisory Committee on Concentrations (3), Whereas : I. BACKGROUND 3 The nature of the proceedings (1)  These proceedings concern a proposed operation which was notified on 13 May 1991 pursuant to () OJ No L 395, 30. 12. 1989, p. 1, amended version : OJ No L 257, 21.°9. 1990, p. 13. () OJ No C 314, 5. 12. 1991, p. 7. Article 4 of Council Regulation (EEC) No 4064/89 (the ‘Merger Regulation’) consisting of the joint acquisition by Aerospatiale SNI (Aerospatiale) and Alenia-Aeritalia e Selenia SpA (Alenia) of the assets of the de Havilland division (de Havilland) from Boeing Company (Boeing). On 4 June 1991 the Commission decided to continue the suspension of the concentration pursuant to Atticle 7 (2) of the Merger Regulation, and on 12 June 1991 the Commission initiated proceedings in this case pursuant to Article 6 (1) (c) of this Regulation. The parties Aerospatiale is a French company active in the aerospace industries. Its product range includes civil and military aircraft and helicopters, missiles, satellites, space systems and avionics. Alenia is an Italian company predominantly active also in the aerospace industries. Its product range includes civil and military aircraft, satellites, space systems, avionics, and air and maritime traffic control systems. Aerospatiale and Alenia jointly control the