31.12. 94 Official Journal of the European Communities No L 364/1 (Acts whose publicétion is not obligatory) COMMISSION COMMISSION DECISION of 9 November 1994 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (TV/M.469 — MSG Media Service) (Only the German text is authentic) (94/922/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, . Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertaking (!), and in particular Article 8 (3) thereof, ’ Lol Having regard to the EEA Agreement, and in particular Article 57 (1) thereof, Haviﬁg regard to the Commission Decision of 18 July 1994 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections ra.lsed by the Commission, Having regard to the opinion of the Adv1sory Committee on Concentrations {(2), Whereas: (1)  The procedure under consideration concerns the proposed . setting up, by Bertelsmann AG (') O] No L 395, 30. 12. 1989, p. 1. Comgendum OJ No L 257, 21. 9. 1990, p. 13. (2) 4 (Bertelsmann), Deutsche Bundespost Telekom (Telekom) - and Taurus Beteiligungs GmbH (Taurus), of a joint venture under the name of MSG Media Service Gesellschaft fiir Abwicklung von Pay-TV und verbundenen Diensten mbH (MSG). By decision dated 28 June 1994, the Commission ordered the suspension of the concentration as a whole, pursuant to Article 7 (2) and Article 18 (2) of Regulation (EEC) No 4064/89 (hereinafter the ‘Merger Regulation’), until it takes a final decision. By decision of 18 July 1994, the Commission found that the notified concentration raises serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in this case, pursuant to Artlcle 6 (1) (c) of the Merger Regulanon By letter dated 29 June 1994, Germany informed the Commission, pursuant to Article 9 (2) of the Merger Regulation, that the concentration threatened to create or to strengthen a dominant position as a result of which effective competition would be significantly impeded on three markets within Germany, each of which was a separate geographic market within the meaning of Article 9