No L 284/36 Official Journal of the European Communities 3. 10. 89 . (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 September 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.734 — Film purchases by German television stations) (Only the German, English and Dutch texts are authentic) (89/536/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 Articles 6.and 8 thereof, ‘ S Having regard to the Commission Decision of 15 December 1986 to initiate a proceeding 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 (I) of Regulation No 17 in conjunction 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, and having received the undertakings’ written views and - their oral views at the hearing held on 13 October 1987, . Having regard to the notification. of the relevant agreements on 2 December 1988 and the application for - exemption under Article 85 (3) of the EEG Treaty, Having l published a summary of the agreements in accordanice with Article 19 (3) of Regulation No 17 (3), Having consulted the Advisory-Committee on :Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. () OJ No C 54, 3. 3. 1989, p. 2. Whereas : 1) @ I. THE FACTS This proceeding relates to agreements on television rights to American feature films, television films and television series by the Erstes Deutsches Fernsehen. A. The undertakings concerned . The Hessischer Rundfunk, the Norddeutscher Rundfunk, Radio. Bremen, the Saarlindischer- Rundfunk, the Sender Freies- Berlin, the Siiddeutscher Rundfunk, the Siidwestfunk and the . Westdeutscher Rundfunk (hereinafter referred to as ‘the ARD broadcasting organizations’) together with the Bayerischer Rundfunk, which is not covered by this proceeding, belong to the Arbeitsgemeinschaft der offentlich-rechtlichen Landesrundfunkanstalten der Bundesrepublik' Deutschland (Association of public broadcasting organizations of the Federal Republic of Germany — ARD). The activities of the broadcasting organizations belonging to the ARD include the broadcasting on terrestrial frequencies throughout the Federal Republic of a joint television channel known as ‘Erstes Deutsches - Fernsehen’. They also broadcast, in some. cases alone and in others in cooperation with one another, regional programmes known as ‘Dritte - Programme’ — also via terrestrial frequencies — and, via satellite, an additional channel known as ‘Eins Plus’. Degeto Film GmbH, whose registered office is in - Frankfurt/Main and - which is responsible for purchasing  programmes,  particularly  the acquisition of television rights to films, is a joint subsidiary belonging to all the ARD broadcasting organizations.