L 82/20 Official Journal of the European Union 19.3.2004 COMMISSION DECISION of 17 October 2001 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2187 — CVC|Lenzing) (notified under document number C(2001) 3121) (Only the English text is authentic) (Text with EEA relevance) (2004/237[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, and in particular Article 57 thereof, 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 8(3) thereof, Having regard to the Commission’s decision of 22 June 2001 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 (), Having regard to the final report of the Hearing Officer in this case (%), Whereas: (), On 4 May 2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (hereinafter ‘the Merger Regulation’) by which CVC Capital Partners Group Ltd (hereinafter ‘CVC) indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the Austrian undertaking Lenzing AG (hereinafter ‘Lenzing) by way of purchase of shares. (2)  After examination of the notification, the Commission concluded that the notified operation fell within the scope of the Merger Regulation as amended and that it raised serious doubts as to its compatibility with the common market and the functioning of the EEA Agreement. 1 (") OJ L 395, 30.12.1989, p. 1; corrected version published in OJ L 257, 21.9.1990, p. 13. () OJL 180, 9.7.1997, p. 1. () 0] C 69, 19.3.2004. ) 0] C 69, 19.3.2004.