9.4.2019   

EN

Official Journal of the European Union

C 132/4


Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 21 February 2019 concerning a draft decision in Case AT.40023 Cross-border access to pay-tv

Rapporteur: Poland

(2019/C 132/04)

(1)   

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 6 February 2019 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement.

(2)   

The Advisory Committee agrees with the Commission that the proceedings concerning The Walt Disney Company, The Walt Disney Company Limited (together ‘Disney’), Comcast Corporation, Universal Studios International B.V., Universal Studios Limited (together ‘NBCUniversal’), Sony Corporation, CPT Holdings, Inc., Colgems Productions Limited (together ‘Sony Pictures’), Warner Media, LLC., Warner Bros. International Television Distribution Inc. (together ‘Warner Bros.’) (Disney, NBCUniversal, Sony Pictures and Warner Bros together ‘the Studios’), Sky Limited and Sky UK Limited (together ‘Sky’) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

(3)   

The Advisory Committee agrees with the Commission that the commitments offered by each of the Studios and Sky are suitable, necessary and proportionate and should be made legally binding on each of the Studios and Sky.

(4)   

The Advisory Committee agrees with the Commission that, in light of the commitments offered by each of the Studios and Sky, there are no longer grounds for action by the Commission against each of the Studios and Sky, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

(5)   

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