No L 63/32 Official Journal of the European Communities 9. 3. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 February 1951 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/32.524 — Screensport/EBU Members) (Only the English text is authentic) (91/130/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 EEC Treaty ('), as last amended by the Act of Acces- sion of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the application for a finding of an infringement submitted on 17 December 1987 pursuant to Article 3 of Regulation No 17, by W. H. Smith & Son Ltd and Screen Sport (formerly Screensport Ltd) (here- inafter ‘Screensport’), Having regard to the notification and application for negative clearance submitted to the Commission by the Eurosport consortium, Sky Television plc (hereinafter ‘Sky’), Satellite Sport Sales Ltd, Satellite Sports Services Ltd and News International plc (hereinafter ‘NI’) on 17 January 1989, Having regard to the Commission Decision of § December 1988 to initiate proceedings in this case, Having given the undertakings and association of under- takings concerned the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 19 (1) and (2) of Regulation No 17 and () OJ No 13, 21. 2. 1962, p. 204/62. Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of council Regulation No 17 (3, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS Complaint and notification () On 17 December 1987 Screensport registered a complaint at the Commission concerning the following : (i) certain activities of the European Broadcasting Union (hereinafter ‘EBU’) and/or its members, in particular, the refusal to grant Screensport sublicences to sports events to which the EBU and/or its members have acquired exclusive rights, with the effect that commercial cable and satellite companies such as Screensport are prevented from competing with the EBU and/or its members, in the field of sports programmes ; and () OJ No 127, 20. 8. 1963, p. 2268/63.