L 88/26 Official Journal of the European Communities 31.3.1999 COMMISSION DECISION of 24 February 1999 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case No 1V/35.079/F3 — Whitbread) (notified under document number C(1999) 346) (Only the English text is authentic) (1999/230/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 ('), 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 24 May 1994 by Whitbread 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 (2), After consultation with the Advisory Committee for restrictive practices and dominant positions, I. THE FACTS A. INTRODUCTION (1) On 24 May 1994 Whitbread PLC (hereinafter “Whitbread’) notified three standard forms of () 0 13, 21.2.1962, p. 204/62. (2) O] C294,27.9.1997, p. 2. ) * (4) leases (hereinafter ‘the Leases’), the subject of each of the Leases being a fully fitted-out, on-licensed (3) public house in the United Kingdom with a tie for beer as described below. The three standard forms are the 20-year lease, the pre-retirement lease and the five-year lease. Whitbread requested negative clearance or confirmation that the Leases qualified for 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’) or individual exemption pursuant to Article 85(3) of the EC Treaty, to take effect as from the date on which the agreements were entered into. The Regulation contains in its Title II special provisions for beer-supply agreements. In February 1995, the Office of Fair Trading (hereinafter ‘OFT’) started, upon the request of the Commission, an enquiry into the UK brewers” wholesale pricing policy. This enquiry, which included Whitbread, resulted in the internal OFT report on their ‘enquiry into brewers’ wholesale pricing policy’ (hereinafter ‘the OFT report’); it was adopted in May 1995 and a press release on the report was issued by the OFT on 16 May 1995. In addition to the OFT report, the information in the notification has been supplemented by way of a verification pursuant to Article 14(2) of Regulation No 17 at the premises of Whitbread and several requests for information. Following the publication in the Official Journal of the European Communities of the notice 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.