2000/146/EC: Commission Decision of 14 December 1999 relating to a proceeding pursuant to Article 15(1)(b) of Council Regulation No 17 (Case No IV/34.237/F3 - Anheuser-Busch Incorporated - Scottish & Newcastle) (notified under document number C(1999) 4499) (Only the English text is authentic)

• Articles: 4

Article 1

Anheuser-Busch Incorporated and Scottish & Newcastle plc have infringed Article 15(1)(b) of Regulation 17 by negligently supplying incorrect information in response to a request made pursuant to Article 11.

Article 2

A fine of EUR 3000 is hereby imposed on Anheuser-Busch Incorporated.

A fine of EUR 3000 is hereby imposed on Scottish & Newcastle plc.

Article 3

The fines imposed under Article 2 shall be payable in euro within three months of the date of notification of this Decision to the following bank account of the European Commission: 310-0933000-43, Banque Bruxelles Lambert, Agence Européenne, Rond-Point Schuman 5, B-1040 Brussels.

After the expiry of that period, interest shall automatically be payable at the rate applied by the European Central Bank to its repo operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, namely 6,5 %.

Article 4

This Decision is addressed to:

Anheuser-Busch Incorporated One Busch Place St Louis , MO 63188 USA

Anheuser-Busch European Trade Limited 8 Devonshire Gardens

Cutler's Gardens

London EC2M 4LP United Kingdom

Scottish & Newcastle plc 50 East Fettes Avenue Edinburgh EH4 1RR United Kingdom

This Decision shall be enforceable pursuant to Article 256 of the Treaty.

Done at Brussels, 14 December 1999.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ 13, 21.2.1962, p. 204/62

(2) OJ L 148, 15.6.1999, p. 5.

(3) S & N's reply of 27 October 1998 to the Statement of Objections and its further reply of 6 May 1999 are jointly dealt with.

(4) Anheuser-Busch's reply of 16 October 1998 to the Statement of Objections and its further reply of 27 April 1999 are jointly dealt with.

(5) [1986] ECR 353.

(6) [1970] ECR 661, at paragraph 112.

(7) [1980] ECR 3125, at paragraph 86.

(8) See footnote 3.

(9) See footnote 4.

(10) See footnote 3.

(11) See footnote 4.