L61/32 Official Journal of the European Communities 2.3.2002 COMMISSION COMMISSION DECISION of 5 December 2001 relating to a proceeding under Article 82 of the EC Treaty (COMP/37.859 — De Post-La Poste) (notified under document number C(2001) 3644 CORR.) (Only the Dutch and French texts are authentic) (Text with EEA relevance) (2002/180/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, the first Regulation implementing Articles 85 and 86 of the Treaty (!), as last amended by Regulation (EC) No 1216/1999 (3, and in particular Article 15(2) thereof, Having regard to the complaint lodged by Hays Information Management SA on 7 April 2000 alleging infringement of Article 82 of the EC Treaty by La Poste and requesting the Commission to put an end to this infringement, Having regard to the Commission decision of 1 June 2001 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 (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (%), Having regard to the final report of the Hearing Officer, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. FACTS A. The complainant (1)  The complainant, Hays Information Management SA (hereinafter called ‘Hays’), is the Belgian subsidiary of Hays plc, a private company incorporated under English law active in the United Kingdom, continental Europe and the United States of America. In 1975 Hays plc launched Document Exchange (DX)) () in the United Kingdom, a closed-user-group mail delivery service offering express, business-to-business professional courier services (before-9 a.m. next-day delivery). J 13, 21.2.1962, p. 204/62. ] L 148, 15.6.1999, p. 5. ] L 354, 30.12.1998, p. 18. X is the generic name of the document exchange service provided by Hays DX.