4.2.2000 Official Journal of the European Communities L 30/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 July 1999 relating to a proceeding under Article 82 of the EC Treaty (IV/D-2/34.780 — Virgin/British Airways) (notified under document number C(1999) 1973) (Only the English text is authentic) (Text with EEA relevance) (2000/74/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 3 and 15(2) thereof, Having regard to the complaint lodged by Virgin Atlantic Airways Limited on 9 July 1993, and the supplementary complaint lodged by Virgin Atlantic Airways on 9 January 1998, alleging infringements of Articles 81 and 82 of the Treaty by British Airways and requesting the Commission to put an end to these infringements, Having regard to the Commission decision of 20 December 1996 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 in accordance with Article 19(1) of Regulation No 17 and with the Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Regulation No 17 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () 0] 13, 21.2.1962, p. 204/62. () 0] 127, 20.8.1963, p. 2268/63. Whereas: I. FACTS A. THE PARTIES (1) The complainant, Virgin Atlantic Airways Limited (Virgin), is a privately owned company incorporated in 1984 under English law. Virgin operates scheduled passenger services on a number of international routes between London and the USA, Hong Kong, Athens and Tokyo. Its principal offices are located in West Sussex, England. In 1997 Virgin ranked twenty-first in the world in terms of international scheduled passenger-kilometres flown, and thirty-first for combined international and domestic scheduled passenger-kilometres flown. Virgin's turnover in the year to 31 October 1994 was GBP 444 million. Virgin employed 4 522 people at the end of 1997 (3). (2) The respondent, British Airways plc (BA), is a privately owned company incorporated under English law. BA (}) IATA World Air Transport Statistics No 42 WATS 4/98.