Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 386th meeting on 6 December 2004 concerning a preliminary draft decision in Case COMP/A.37.214 — DFB

(2005/C 130/03)

(Text with EEA relevance)

1. The majority of the Advisory Committee agrees that the joint selling of the media rights by the German Bundesliga raises competition concerns under Article 81(1) and the proceedings in this case can be concluded by means of a decision pursuant to Article 9 of Council Regulation (EC) No 1/2003. A minority voted against. A minority abstains.

2. The majority of the Advisory Committee agrees with the European Commission that the league Association's commitments introduce competition in the marketing of Bundesliga and 2. Bundesliga rights between the league and the clubs and allow for new in particular club branded products, reduce the scope and duration of future marketing deals and provide a transparent and non-discriminatory procedure, and improve accessibility of content for TV, Radio and the new media operators. A minority voted against. A minority abstains.

3. The majority of the Advisory Committee agrees with the European Commission that — in light of the commitments offered by the Undertaking — there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Council Regulation (EC) No 1/2003. A minority voted against. A minority abstains.

4. The majority of the Advisory Committee agrees with the European Commission that these commitments shall be binding on the League Association until 30 June 2009. A minority voted against. A minority abstains.

5. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

6. The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

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