7.8.2003 Official Journal of the European Union L 200/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 December 2001 relating to a proceeding under Article 81 of the EC Treaty (Case IV[37.614/F3 PO[Interbrew and Alken-Maes) (notified under document number C(2001) 3915) (Only the Dutch and French versions are authentic) (2003/569/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to Council Regulation No 17 of 6 February 1962, the first Regulation implementing Articles 81 and 82 of the Treaty (1), as last amended by Regulation (EC) No 1/ 2003 (3), and in particular Article 15(2) thereof, Having regard to the Commission’s decision to initiate proceed- ings in this case, taken on 29 September 2000, Having given the undertakings concerned the opportunity of being heard on the objections raised by the Commission, in accordance with Article 19(1) of Regulation No 17 and Article 2 of Commission Regulation (EC) No 2842/98 (3), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case (¥), £3 (*) OJ C 187, 7.8.2003. (1) 0] 13,21.2.1962, p. 204/62. () OJL1,4.1.2003, p. 1. (% OJL 354,30.12.1998, p. 18. Whereas: 1. INTRODUCTION This case concerns long-term and complex restrictive agreements relating to the Belgian market in beer for consumption both on the premises (the on-trade’) and off the premises (the off-trade’). Interbrew NV and Alken-Maes NV, the largest and the second-largest suppliers to the Belgian beer market, consulted together and concluded agreements concerning a general non- aggression pact; prices and promotions in the off-trade; customer sharing in the on-trade (both the ‘traditional’ on-trade and national customers); the restriction of investment and advertising in the on-trade; and a new price structure for the on-trade and the off-trade. They shared information about sales to the on-trade and the off-trade. They sought to take some of these measures further through the Confederation of Belgian Brewers. There was separate consultation between Interbrew NV, Alken-Maes NV and the breweries NV Brouwerij Haacht and Martens NV concerning private-label beer, in par-