21. 3. 89 Official Journal of the European Communities No L 78/43 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 December 1988 relating to a proceeding under Article 86 of the EEC Treaty (IV/31.851 — Magill TV Guide/ITP, BBC and RTE) (Only the English text is authentic) (89/205/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, " Having regard to the Treaty establishing the European Economic Community;, Having regard to Council Regulation No 17 of 6 February 1962 First Regulation implementing Articles 85 and 86 of the Treaty (*), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the complaint lodged by Magill TV Guide Ltd on 4 Aprl 1986 against Independent Television Publications Ltd, British Broadcasting Corporation and Radio Telefis Eireann, Having- regard t6 the Commission. Decision of 16 December 1987 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, pursuant to Article 19 (1) of Regulation No 17 read in conjunction with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article No 19 (1) of Council Regulation No 17 (3, After consulting the Advisory. Committee on Restrictive Practices and Dominant Positions, - Whereas, I. THE FACTS (1) - This Decision -concerns the practices and policies of Independent Television Publications Ltd, British () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. @ Broadcasting Corporation and BBC  Enterprises Ltd, and Radio Telefis Eireann, respectively, in relation to their advance programme listings, and the effect of these practices and policies on the market for television (TV) programme guides for programmes which can be received in Ireland and Northern Ireland. A. The undertakings (@) ITP Independent Television Publications Ltd, London, was  established in 1967 in order to -publish a national programme journal for independent television in the United Kingdom. The shareholders of ITP are the current television contractors franchised by the- Independent Broadcasting  Authority. (IBA) to  supply independent television programmes. The IBA itself is a public corporation established in order to provide (independent) television and radio broadcasting services as a public. service in the United Kingdom, the Isle of Man and the Channel Islands additional to ‘that of the BBC. The IBA awards ‘contracts to private undertakings to supply pregrammes- for particular regions of the country or to supply a particular programme service. These contractors together provide the programmes for one TV ‘channel (ITV). In addition Channel 4~ Television Company Ltd, a subsidiary of the IBA, also provides a television programme service.