L 90/6 Official Journal of the European Communities 2.4.1999 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 March 1999 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case No IV/36.237 — TPS) (notified under document number C(1999) 387) (Only the French text is authentic) (1999/242/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, 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 2, 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption submitted, pursuant to Atrticles 2 and 4 of Regulation No 17, on 18 October 1996, by Télévision Francaise 1, France Télévision Entreprises, France Télécom, Compagnie Luxembour- geoise de Télédiffusion, Métropole Télévision and Lyon- naise des Eaux, concerning the agreements creating the company Télévision par satellite, Having regard to the summaries of the application and notification published (¥} pursuant to Article 19(3) of Regulation No 17, After consulting the Advisory Committee on restrictive practices and dominant positions, () OJ 13, 21.2.1962, p. 204/62 () OJ C 65, 28.21998, p. 5. Whereas: I. THE FACTS A. Introduction (1) The parties first contacted the Commission in connection with this operation in the summer of 1996, with a view to notification under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (}), as last amended by Regulation (EC) No 1310/97 (f). However, having been informed by the Commission that Télévision par satellite (hereinafter referred to as “IPS’) was not a joint venture in the sense of an undertaking under the joint control of its members, on 18 October 1996 they notified the operation to the Commis- sion and requested negative clearance and/or exemption pursuant to Regulation No 17. (2)  The agreements creating the company were noti- fied to the Commission by the abovementioned parties, namely Télévision Francaise 1 (hereinafter referred to as “I'F1’), France Télévision Enterprises, France Télécom, Métropole Télévision (hereinafter referred to as ‘Mé’), Compagnie Luxembourgeoise de Télédiffusion (hereinafter referred to as ‘CLT) and Lyonnaise des Eaux, now called Suez Lyon- naise des Eaux. TPS was set up in the form of a () OJ L 395, 30.12.1989, p. 1; corrected and republished in O] L 257, 21.9.1990, p. 13. () OJ L 180, 9.7.1997, p. 1.