52003XX1108(01)

Final report of the Hearing Officer in case COMP/C2/37.398 - UEFA Champions League

(pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(2003/C 269/08)

(Text with EEA relevance)

The draft decision in this case gives rise to the following observations on the right to be heard:

On 19 February 1999 UEFA (Union des Associations Européennes de Football) notified to the Commission its Regulation concerning the joint selling of the commercial rights to the UEFA Champions League.

On 19 July 2001 a statement of objections was sent to UEFA. UEFA responded on 16 November 2001 following an extension of the deadline to reply. No oral hearing took place in this case. A non-confidential version of the statement of objections was sent to a number of interested third parties in this case. Their observations in non confidential form were sent to UEFA.

Following discussions with the relevant Commission service, UEFA notified a new joint selling arrangement to the Commission on 13 May 2002.

On 17 August 2002 the Commission published a notice pursuant to Article 19(3) of Regulation 17/62 setting out the main elements of the new arrangement, stating its intention to take a favourable view on this arrangement and inviting comments. Comments were received from a number of third parties as well as the German National Competition Authority. Further modifications were subsequently made to the agreement.

On 5 May 2003 the Commission informed UEFA of its intention to attach a condition to the proposed exemption decision, attaching the condition proposed, and inviting UEFA to comment. UEFA responded on 15 May 2003.

In the light of the above I conclude that the rights to be heard in this case have been respected.

Brussels, 15 July 2003.

Karen Williams