Official Journal of the European Communities L 3181 20. 11. 97 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 October 1997 relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement ‘ (Case No IV/35.830 — Unisource) (Only the Dutch, English and Swedish texts are authentic) (Text with EEA relevance) (97/780/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 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 Austria, Finland and Sweden, and in particular Articles 6 and 8 thereof, Having regard to the notification for exemption submitted pursuant to Article 4 of Regulation No 17 on 4 March 1996, Having regard to the summary of the application and notification published pursuant to Article 19 (3) of Regulation No 17 and to Article 3 of Protocol 21 to the EEA Agreement (%), After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas: () O] 13, 21. 2. 1962, p. 204/62. (%) O] C 44, 12. 2. 1997, p. 15. I. THE FACTS A. Introduction (1) Unisource NV (hereinafter ‘Unisource’) was established on 24 April 1992 as a 50-50 joint venture between PTT Telecom BV, the Dutch telecommunications  operator, and Swedish Telecom International, a subsidiary of Televerket, the predecessor of Telia AB, a Swedish telecommunications operator, for the purpose of concentrating the international value added networks of the two parties. The parties actually transferred the corresponding networks as from 1 January 1993. The joint venture was first expanded on 4 November 1992 by the entry of Schweizerische PTT-Betriebe (Swiss PTT) into a subsidiary of Unisource, Unisource Satellite Services BV, and later, on 1 July 1993, by the entry of Swiss PTT into Unisource. During 1994, Unisource and Telefonica started negotiations aimed at the entry of Telefénica into Unisource. The result of those negotiations was the original agreements notified to the Commission pursuant to Council Regulation (EEC) No 4064/89(°) (the Merger Control Regulation} on 29 September 1995, which provided for the creation of Unisource International NV, a joint venture between Unisource and Telefénica. (®) OJ L 395, 30. 12. 1989, p. 1; corrigendum OJ L 257, 21. 9. 1990, p. 13.