16.4.2004 Official Journal of the European Union L 110/73 COMMISSION DECISION of 2 April 2003 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2876 — Newscorp|Telepii1) (notified under document number C(2003) 1082) (Only the English text is authentic) (Text with EEA relevance) (2004/311[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 (}), as last amended by Regulation (EC) No 1310/97 (?), and in particular Article 8(2) thereof, Having regard to the Commission’s decision of 29 December 2002 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: (1) On 16 October 2002, the Commission received a notification pursuant to Article 4 of Regulation (EEC) 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. (%) 0] C 92, 16.4.2004. (% 0] C 92, 16.4.2004. No 406489 (the Merger Regulation) of a proposed concentration by which the undertaking The News Corporation Limited, Australia (hereinafter Newscorp) acquires control within the meaning of Article 3 of the Merger Regulation, via a special purpose vehicle company, of the whole of the Italian pay-TVs Telepit Spa and Stream Spa (hereinafter, respectively Telepil and Stream) by way of purchase of shares. Telepiti and Stream will merge their activities in a combined direct-to-home (DTH) satellite pay-TV platform. Telecom Italia SpA. (the Italian telecom incumbent, hereinafter Telecom Italia) will hold a minority stake (19,9 %) in the new combined pay-TV platform. After examination of the notification and the set of undertakings submitted by Newscorp on 31 October 2002, the Commission concluded, on 29 November 2002, that the notified operation fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the EEA Agreement. The Commission therefore decided to initiate proceedings in accordance with Article 6(1)(c) of the Merger Regulation. On 14 January 2003 a new set of undertakings was submitted by Newscorp. An Oral Hearing was held on 5 and 6 March 2003. On 13 March 2003 a final set of undertakings was submitted by Newscorp. The Advisory Committee discussed the draft of this Decision on 20 March 2003.