8.10.2003 Official Journal of the European Union L 255/33 COMMISSION DECISION of 30 October 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (notified under document number C(2002) 4072) (Only the English, Portuguese, Greek, German, Italian, and Swedish texts are authentic) (Text with EEA relevance) (2003/675[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 1. THE FACTS 1.1. The parties to the proceeding . . (1) The parties will be referred to as follows in the present Having regard to the Agreement on the European Economic decision: in the factual part the authors of the infringe- Area, . . ment will be mentioned. In the legal assessment, refer- ence will be made to the actual addressees of this ) . . Decision. 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 Articles 3 and 15(2) thereof, 1.1.1. The Nintendo group of companies Having regard to the complaint lodged by Omega Electro BV (2)  The ultimate parent company of the Nintendo group of on 28 November 1996, alleging infringement of Articles 81 and 82 of the Treaty by Nintendo Netherlands BV and Nintendo UK Ltd and requesting the Commission to put an end to that infringement and to impose a fine, Having regard to the Commission Decision of 25 April 2000 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 in accordance with Article 19(1) of Regulation No 17 and with Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (), Having regard to the final report of the Hearing Officer in this case (%), After consulting the Advisory Committee on Restrictive Prac- tices and Dominant Positions, companies is Nintendo Corporation Ltd (NCL), a listed company established in Kyoto, Japan. Nintendo’s busi- ness in the EEA is conducted by the following wholly- owned (°) subsidiaries: — Nintendo of Europe GmbH (NOE). NOE is Ninten- do's main EEA-based subsidiary. It coordinated certain business practices of Nintendo in Europe and was the exclusive distributor for Germany, at least from January 1991 (°) until 31 December 1997, — Nintendo of America Inc (NOA), although not itself distributing Nintendo’s products in the EEA, was also responsible for the coordination of certain of Nintendo's business practices in Europe during the period relevant for this Decision, — Nintendo Netherlands BV (NN). NN was the exclu- sive distributor for the Netherlands, at least from 1 January 1993 () until 31 December 1997. This company is currently called Nintendo Benelux BV, — Nintendo France SARL (NF). NF was the exclusive distributor for France, at least from 31 December WHEREAS: 1992 (%) until 31 December 1997, (") OJ 13, 21.2.1962, p. 204/62. () See column 1(b) on pages 132 to 136 of the Commission’s file. () OJ L1, 41.2003, p. 1. () Page 415. () OJ L 354, 30.12.1998, p. 18. () Page 2667. () O] C 241, 8.10.2003. () Page 2216.