No L 306/50 Official Journal of the European Communities 11012, 93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 November 1993 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/32031 — Auditel) (Only the Italian text is authentic) (93/668/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 ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 2 and 3 (1) and. Article 6 thereof, Having regard to the notification and the application for negative clearance or, alternatively, for exemption, submitted in accordance with Articles 2 and 4 of Regula- tion No 17, by Mr Giulio Malgara, chairman of Auditel Stl, on 15 September 1986, on behalf of the members of Auditel and for the company Auditel, as decided by Audi- tel's board of directors on 7 April 1986, of : — the instrument of incorporation and the articles of associations of the company Auditel, — the agreement between the shareholders of Auditel Srl, — the agreement between the Auditel Srl and AGB Italia SpA, () OJ No 13, 21. 2. 1962, p. 204/62. Having regard to the applications made pursuant to Article 3 of Regulation No 17 by A. C. Nielsen Italia SpA (hereinafter ‘Nielsen’) on 11 June 1987 and by Marketing TV Services St (MTVS’) on 7 August 1987, Having regard to the Commission’s decision on 7 October 1991 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 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 : 1. THE FACTS The notification covers three agreements : — the instrument of incorporation and the articles of association of the company Auditel, — the agreement between the shareholders of Auditel Srl, — the agreement between Auditel Sl and AGB Italia SpA. ‘ () OJ No 127, 20. 8. 1963, p. 2268/63.