L 107/58 Official Journal of the European Union 30.4.2003 COMMISSION COMMISSION DECISION of 8 October 2002 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case No COMP/C2/38.014 — IFPI ‘Simulcasting’) (notified under document number C(2002) 3639) (Only the English text is authentic) (Text with EEA relevance) (2003/300/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 Regulation (EC) No 1/2003 (3), and in particular Article 2 thereof, Having regard to the application for negative clearance pursuant to Article 2 of Regulation No 17 and the notification pursuant to Article 4(1) of that Regulation registered on 16 November 2000 and as amended on 21 June 2001 and 22 May 2002 pursuant to Article 4(3) of Commission Regulation (EC) No 3385/94 of 21 December 1994 on the form, content and other details of applications and notifications provided for in Council Regulation No 17 (), Having regard to the summary of the notification published (*) pursuant to Article 19(3) of Regulation No 17, Having regard to the final report of the Hearing Officer in this case (%), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: A. INTRODUCTION (1)  On 16 November 2000 the International Federation of the Phonographic Industry (IFPI) applied to the Commission, pursuant to Articles 2 and 4(1) of Regulation No 17 for negative clearance or, alternatively, for exemption under Article 81(3) of the Treaty, in respect of a model reciprocal agree- ment (hereinafter the Reciprocal Agreement) between record producers' rights administration socie- ties for the licensing of ‘simulcasting’. 1 () O] 13, 21.2.1962, p. 204/62. () OJL1, 4.1.2003, p. 1. () OJ L 377,31.12.1994, p. 28. () O] C 231, 17.8.2001, p. 18. () O] C 104, 30.4.2003. 5