13.4.2000 Official Journal of the European Communities L 93/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 September 1999 declaring a concentration to be incompatible with the common market and the EEA Agreement (Case IV/M.1524 — Airtours|First Choice) (notified under document number C(1999) 3022) (Only the English text is authentic) (Text with EEA relevance) (2000/276[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 particulr Article 8(3) thereof, Having regard to the Commission's decision of 3 June 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 (%), 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. () OJ C 105, 13.4.2000. Whereas: On 29 April 1999, the Commission received notification of a proposed concentration pursuant to Article 4 of Regulation (EEC) No 4064/89 (herinafter referred to as ‘the Merger Regulation’) by which Airtours plc (‘Airtours’) would acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of First Choice plc (First Choice’) by way of a public bid. On 3 June 1999, the Commission decided to initiate proceedings in application of Article 6(1)(c) of the Merger Regulation. I. THE PARTIES AND THE OPERATION (1) Airtours is a British company active in: tour operating, travel agencies, charter airlines, hotels and cruise ships with operations in 17 countries across Europe (notably in the United Kingdom and Ireland) and North America. First Choice is a British company active in: tour operating, travel agencies, charter airlines, seat broking