5.10.2001 Official Journal of the European Communities L 265/15 COMMISSION COMMISSION DECISION of 18 July 2001 relating to proceedings pursuant to Article 81 of the EC Treaty and Article 53 of the Agreement on the European Economic Area (Case COMP.D.2 37.444 — SAS Maersk Air and Case COMP.D.2 37.386 — Sun-Air versus SAS and Maersk Air) (notified under document number C(2001) 1987) (Only the English text is authentic) (Text with EEA relevance) (2001/716/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (1), as last amended by Regulation (EEC) No 2410/92 (3), and in particular Article 3 and Article 12(2) thereof, Having regard to the Commission Decision of 31 January 2001 to initiate proceedings in these cases, Having given the parties concerned the opportunity to make known their views on the objections raised by the Commission and the opportunity to develop their arguments at an oral hearing, pursuant to Article 16 of Regulation (EEC) No 3975/87 and Article 3(4) and Article 5 of 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 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE PARTIES A. SCANDINAVIAN AIRLINES SYSTEM (1) Scandinavian Airlines System (‘SAS) is a consortium owned by SAS Sverige AB (3/7), SAS Danmark A[S (2/7) and SAS Norge ASA (2/7). Each of the three companies is 50 % owned by the State and 50 % by industry. According to SAS 2000 annual report, the turnover of SAS in 2000 was SEK 44 481 million (EUR 4 917 million). SAS is part of the Star Alliance (*) and serves 105 scheduled destinations (40 within Scandinavia, 56 in the rest of Europe and nine outside Europe). 1 () O] L 374, 31.12.1987, p. 1. () O] L 240, 24.8.1992, p. 18. () O] L 354, 30.12.1998, p. 18. () With Air Canada, Air New Zealand, All Nippon Airways (ANA), Ansett Australia, Austrian Airlines, British Midland, Laulda Air, Lufthansa, Mexicana Airlines, Singapore Airlines, Thai Airways International, United Airlines and Varig Airlines.