27.2.1999 Official Journal of the European Communities L 53/31 COMMISSION DECISION of 27 May 1998 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.1027 — Deutsche Telekom/BetaResearch) (notified under document number C(1998) 1441) (Only the German text is authentic) (Text with EEA relevance) (1999/154/EC) THE COMMISSION OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, and in particular Article 57(2)(a) thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as last amended by Regulation (EC) No 1310/97 (3), and in particular Article 8(3) thereof, Having regard to the Commission Decision of 29 January 1998 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 (3), Whereas: (1)  On 8 December 1997 the Commission received notification pursuant to Article 4 of Council Regulation (EEC) No 4064/89 hereinafter: the Merger Regulation of a proposed concentration whereby Deutsche Telekom AG (Telekom) and BetaTechnik AG (BetaTechnik) would acquire joint control, within the meaning of Article 3(1) of the Merger Regulation, of BetaResearch Gesellschaft fur Entwicklung und Vermarktung (Y OJ L 395, 30.12.1989, p. 1. Corrigendum (OJ L 257, 21.9.19990, p.13). (3) OJ L 180, 9.7.1997, p. 1. () OJ C 57, 27.2.1999. digitaler Infrastrukturen mbH (BetaResearch). The proposed concentration was to be effected through the purchase of shares. On 23 December 1997 the Commission decided to suspend  implementation of the proposed concentration pursuant to Articles 7(2) and 18(2) of the Merger Regulation pending adoption of a final decision. By letter dated 22 December 1997 Germany informed the Commission pursuant to Article 9(2) of the Merger Regulation that that concentration, and also the concentration between Bertelsmann, Kirch and Premiere, threatened to create or strengthen a dominant position as a result of which effective competition would be significantly impeded on six markets in Germany, each of which constituted a separate geographic market within the meaning of Article 9(7) of the Merger Regulation. On 29 January 1998 the Commission decided pursuant to Article 6(1)(c) of the Merger Regulation and Article 57 of the EEA Agreement to initiate proceedings in this case. The Advisory Committee discussed the draft of this Decision on 6 May and 25 May 1998. I. THE PARTIES Telekom is the public telecommunications operator in Germany. It is active, either directly or through subsidiaries, in all areas of telecommunications services, and is the owner and operator of nearly all the German cable-television networks at level 3.