No L 100/32 Official Journal of the European Communities 20. 4. 90 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 March 1990 - relating to a proceeding under Article 85 of the EEC Treaty (IV/32.736 — Moosehead/Whitbread) - (Only the English text is authentic) (90/186/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic 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 Spain and Portugal and, in -particular, Articles 6 and 8 thereof, . Having regard to the notification dated 2 June 1988 by Whitbread and Company plc and Moosehead Breweries - Limited, concerning the grant by Moosehead to Whit- bread of an exclusive licence to brew. and sell beer under Moosehead’s trademarks within the United Kingdom, Having regard to the summary.of the notification (%) as published pursuant to Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas ; I. FACTS The notification (1)  On 2 June 1988, pursuant to Article 4 of Regula- tion No 17, Moosehead Breweries Limited, New () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 179, 15. 7. 1989, p. 13. @ 3 @ O Brunswick, Canada, and Whitbread and Company plc, London, notified to the Commission a number of agreements concluded between them dated 12 May 1987, and 1 May 1988. The parties have applied for negative clearance or, failing that, exemption pursuant to Article 85 (3) of the Treaty. The pérties Moosehead is a wholly-owned - subsidiary of Sevenacres Holding Limited and based in- New- Brunswick, Canada. Moosehead- is principally engaged in the manufacture, sale and distribution of beer, and owns no brewing interests within the Community. Whitbread, a company- incorporated in England, is a brewer and - operates approximately 6000 managed or tenanted public houses. The turnover - of Whitbread in 1987 was £ 1 554 million: The product and the market The agreements concern the manufacture of a beer in the United Kingdom which is sold by Moose- head -in Canada and other -countries under the - trademark ‘Moosehead’ (henceforth refered to as ‘the Product’).-The Product is similar in nature and alcoholic strength to other ‘non-premium lagers’ presently sold in the United Kingdom, although according to the notifying parties, it has a particular taste typical of Canadian lagers.