94/895/EC: Commission Decision of 15 December 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement (IV/34.768 - International Private Satellite Partners) (Only the English and Italian texts are authentic) (Text with EEA relevance)
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On the basis of the facts in its possession, the Commission has no grounds for action under Article 85 (1) of the EC Treaty and Article 53 (1) of the EEA Agreement in respect of the notified agreements relating to the creation of the International Private Satellite Partners company (IPSP).
On the basis of the facts in its possession, the Commission has no grounds for action under Article 85 (1) of the EC Treaty and Article 53 (1) of the EEA Agreement in respect of the non-competition obligation on the general partner under Article 7.06 of the Limited Partnership Agreement, the 'most favoured nation' provisions under Article 16.02 of the Limited Partnership Agreement, under Article 16.01 of each Capacity Agreement, under Article 21.01 of each Contingent Capacity Agreement, under Articles 4.5 and 15.1 of the Service Provision and Distribution Agreement for Italy, under Article 3.5 of the Capacity Sale Agreement for Eastern Europe and under Articles 4.4 and 15.11 of the Service Provision Agreement for Eastern Europe, and in respect of the preference to be given to limited partners under Article 2 of the Preferred Bidder Agreement, the appointment of STET as exclusive distributor of IPSP in Italy under Article 2 of the Service Provision and Distribution Agreement for Italy and the appointment of STET as exclusive representative agent of IPSP under Articles 2 of the Representative Agent Agreement for the Sale of Satellite Capacity in Eastern Europe and of the Service Provision and Representative Agent Agreement for Eastern Europe.
This Decision is addressed to: International Private Satellite Partners, L.P., 2440 Research Boulevard, Suite 400 Rockville, Maryland 20850 USA Orion Satellite Corporation 2440 Research Boulevard, Suite 400 Rockville, Maryland 20850 USA British Aerospace Communications Inc., Suite 500, 13873 Park Center Road Herndon, Virginia 22071 USA COM DEV Satellite Communications Ltd 155 Sheldon Drive Cambridge, Ontario N1R 7H6 Canada Kingston Communications International Limited Telephone House, Carr Lane GB-Hull HU1 3RE MCN SAT U.S., Inc., c/o Matra Aerospace, Inc., 1735 Jefferson Davis Highway Suite 810 Arlington, Virginia USA Orion Network Systems 2440 Research Boulevard, Suite 400 Rockville, Maryland 20850 USA STET - Società Finanziaria Telefonica per Azioni Corso d'Italia 41 I-00198 Rome Trans-Atlantic Satellite, Inc., c/o Nissho Iwai American Corporation 1211 Avenue of the Americas New York, N.Y. 10036 USA General Dynamics Commercial Launch Services, Inc., 9444 Balboa Avenue San Diego, California 92123 USA. Done at Brussels, 15 December 1994 For the Commission Karel VAN MIERT Member of the Commission (1) OJ No 13, 21. 2. 1962, p. 204/62.(2) OJ No C 305, 11. 11. 1993, p. 13 and OJ No C 159, 10. 6. 1994, p. 2.(3) [. . .] Blanks between square brackets indicate business secrets deleted pursuant to Article 21 (2) of Regulation No 17.(4) For the meaning in the text of the words 'regulated' or 'deregulated' as regards Italy, see recital (36), fifth indent.(5) However, this provision does not prevent STET from engaging in passive sales outside Italy.(6) This agreement applies only to customers located in the eastern European territory, and not to customers located elsewhere who require capacity for a number of sites, also including one or more sites in the eastern European territory.
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