22.11.2000 Official Journal of the European Communities L 294/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 1 December 1999 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.1578 — Sanitec/Sphinx) (notified under document number C(1999) 4005) (Only the English text is authentic) (Text with EEA relevance) (2000/718/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(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 3 August 1999 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 (4), L) 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. (®) Sanitec has refrained from replying to the Commission's Statement of Objections. The Commission therefore considers that Sanitec is in agreement with the Commission's analysis set out in the Statement of Objections. () 0] C 331, 22.11.2000. Whereas: (1) On 1 July 1999, the Commission received a notification of a proposed concentration whereby the Finnish undertaking Sanitec Ltd Oyj Abp (‘Sanitec’), belonging to the Finnish industrial group Metra, acquires control within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 (the Merger Regulation’) of the Dutch undertaking NV Koninklijke Sphinx Gustavsberg (‘Sphinx’) by way of a public bid. After examination of the notification, the Commission concluded by decision of 3 August 1999 that the notified operation falls within the scope of the Merger Regulation and raises serious doubts as to its compatibility with the common market. The Commission therefore decided to initiate proceedings in application of Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement. I. THE PARTIES Sanitec is active in the design production and marketing of bathroom products. The Group has three core businesses: bathroom ceramics, bath and shower related products and vacuum toilet systems. Sanitec is active in the Community, central Europe, the Middle East, south-east Asia and North America. Its best known