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19.3.

2004 EN Official Journal of the European Union C 69/7

Final report of the Hearing Officer in case COMP/M.2972 — DSM/Roche Vitamins

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms
of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))
(2004/C 69/07)

(Text with EEA relevance)

On 31 March 2003 the Commission received notification pursuant to Article 4 of Council Regulation
(EEC) No 4064/89 (the ‘Merger Regulation’) of an acquisition through which DSM NV (‘DSM’), a Dutch
undertaking, has agreed to acquire control of Roche Vitamins and Fine Chemicals Division (‘RV & FC’).
Undertakings were submitted by DSM on 25 April, as amended on 13 May, but were deemed insufficient
to prevent formal proceedings from being initiated under Article 6(1)(c) of the Merger Regulation on 19
May 2003.

Further undertakings were submitted by DSM on 27 June which were market tested by the Commission.
Following discussions with the relevant Commission service, a final set of undertakings was submitted on 9
July 2003.

On the basis of these undertakings the relevant Commission service considered that the competition
concerns were fully resolved. Accordingly no statement of objections was sent to the parties.

The case does not call for any particular comments with regard to the right to be heard.

Done in Brussels, 22 July 2003.


Karen WILLIAMS

Final report of the Hearing Officer in case COMP/M.2187 — CVC/Lenzing


(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms
of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(2004/C 69/08)
(Text with EEA relevance)

The draft Decision does not give rise to particular observations. The proceedings took a normal course
during their written phase. An oral hearing was not requested. No procedural problem was indicated by
any of the parties.

Done in Brussels, 8 October 2001.


Luc GYSELEN