7.8.2003 Official Journal of the European Union L 200/59 COMMISSION DECISION of 30 April 2003 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement Case COMP/ 38.370 — O2 UK Limited | T-Mobile UK Limited (‘UK Network Sharing Agreement’) (notified under document number C(2003) 1384) (Only the English text is authentic) (Text with EEA relevance) (2003/570/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 81 and 82 of the Treaty(!), as last amended by Regulation (EC) No 1/ 2003 (2), and in particular Articles 2, 6 and 8 thereof, Having regard to the application for negative clearance pursu- ant to Article 2 of Regulation No 17 and the notification with a view to an exemption pursuant to Article 4 of Regulation No 17 submitted by O2 UK Limited and T-Mobile UK Limited on 6 February 2002, Having regard to the summary of the application and notifi- cation published pursuant to Article 19(3) of Regulation No 17 and to Article 3 of Protocol 21 of the EEA Agreement (3), After consulting the Advisory Committee for Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case (4), 1 2 3 ) 0] 13,21.1.1962, p. 204/62. ) ) ) JL1,4.1.2003, p. 1. J C 214,10.9.2002, p. 17. J C 187,7.8.2003. 000 4 ( ( ( ( Whereas: 1. THE FACTS 1.1. INTRODUCTION (1) On 6 February 2002, 02 UK Limited (02 UK)) (formerly BT-Cellnet Limited and BT3G Limited) and T-Mobile UK Limited (T-Mobile UK’) (formerly One2One Personal Communications Limited) notified the Commission of an Agreement dated 20 September 2001 concerning infrastructure sharing and national roaming on the UK market for the third generation of mobile telecommuni- cations networks (‘3G (‘the Agreement). In their notifi- cation 02 UK and T-Mobile UK (‘the Parties’) requested either negative clearance under Article 81(1) of the Treaty/Article 53(1) of the EEA Agreement or, alterna- tively, an exemption under Article 81(3) of the Treaty/ Article 53(3) of the EEA Agreement (°). (2) In February 2002 the Commission published a first notice summarising the notified Agreement and inviting observations from third parties (9). This was followed in September 2002 by a notice pursuant to Article 19(3) of Regulation No 17 which set out the Commission’s preliminary view and gave third parties an opportunity to comment on the proposed favourable approach (’). This Decision represents the final step in the Com- mission’s decision-making procedure. (*) The Commission is also dealing with a related notification from T-Mobile Deutschland GmbH and 02 Germany (formerly VIAG Interkom GmbH) dated 1 February 2002 which concerns a 3G Network Deployment and 3G Bilateral Roaming Agreement in Germany (Case COMP/[38.369 — ‘Rahmenvertrag’). (6) OJ C53,28.2.2002, p.18. (7) Case COMP[C1/N.38.370 — BT Cellnet & BT3G/One20ne Per- sonal Communications (United Kingdom Agreement), O] C 214, 10.9.2002, p. 17.