19.7.1999 Official Journal of the European Communities L 186/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 June 1999 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case IV/36.081/F3 — Bass) (notified under document number C(1999) 1472) (Only the English text is authentic) (1999/473[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 4, 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption submitted on 11 June 1996 by Bass plc pursuant to Articles 2, and 4 of Regulation No 17, Having published a summary of the application and notification pursuant to Article 19(3) of Regulation No 17 (3), After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS A. INTRODUCTION (1) In February 1995, the Office of Fair Trading (hereinafter ‘OFT’) started, at the request of the Commission, an () 0] 13, 21.2.1962, p. 204/62. () 0] C 36, 3.2.1998, p. 5. enquiry into the UK brewers' wholesale pricing policy. This enquiry, which also covered Bass plc (Bass), resulted in the internal OFT report on their ‘enquiry into brewers' wholesale pricing policy’ (hereinafter: ‘the OFT report) being adopted in May 1995; a press release on the report was issued by the OFT on 16 May 1995. (2 On 11 June 1996 Bass Holdings Limited and the Bass Lease Company Limited, both wholly-owned subsidiaries of Bass, notified pursuant to Article 4 of Regulation No 17 a standard form of lease (the standard lease), the subject of which is a fully fitted-out, on licensed () public house in England and Wales with a tie for beer as described below. The parties have also notified certain related agreements. On 8 September 1997, the parties notified their standard lease agreements for Scotland. The parties requested negative clearance, or confirmation that the agreements could benefit from the application of Commission Regulation (EEC) No 1984/ 83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements (*) (hereinafter: ‘the Regulation’), as last amended by Regulation (EC) No 1582/97() or individual exemption pursuant to Article 81(3) of the EC Treaty to take effect as from the date on which the agreements were entered into. The Regulation contains, in Title II, special provisions for beer supply agreements. (®) On-licensed premises are those which are licensed to sell alcoholic beverages for consumption on and off the premises as opposed to off-licensed premises, such as supermarkets, which are licensed for off-premises consumption only. () OJ L 173, 30.6.1983, p. 5. () OJ L 214, 6.8.1997, p. 27.