No L 53/20 Official Journal of the European Communities 2. 3.9 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 July 1995 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case No IV/M.490 — Nordic Satellite Distribution) (Only the English text is authentic) (Text with EEA relevance) (96/177/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 undertakings ('), as amended by Regulation (EEC) No 2367/90 (3, and in particular Article 8 (3) thereof, Having regard to Article 57 of the Agreement on the European Economic Area, Having regard to the Commission Decision of 24 March 1995 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, Having regard to the opinion of the Advisory Committee on Concentrations (%), Whereas: (1)  The procedure under consideration concerns the proposed setting up, by Norsk Telekom AS (‘NT’), Tele Danmark A/S (‘TD’} and Industriférvaltnings () OJ No L 395, 30. 12. 1989, p. 1. () O] No L 257, 21. 9. 1990, p. 13. () O] No C 63, 2. 3. 1996, p. 3. ) AB Kinnevik (‘Kinnevik’) of a joint venture under the name of Nordic Satellite Distribution (NSD’). By decision dated 13 March 1995, 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 took a final decision. By decision of 24 March 1995, the Commission found that the notified concentration raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in this case, pursuant to Article 6 (1) (c) of the Merger Regulation. I. THE PARTIES NT, TD and Kinnevik have set up a joint venture called Nordic Satellite Distribution (NSD) for the provision of satellite transmission services and distribution services via cable networks or direct- to-home broadcasts for television programmes in the Nordic region (Denmark, Sweden, Norway and Finland). NT is a Norwegian company controlled by Telenor AS, which is in turn owned by the Norwegian State. Telenor AS is the principal provider of tele- phone services in Norway and owns and/or leases transponder capacity from the satellites Thor,