22.2.2000 Official Journal of the European Communities L 49/37 (Acts whose publication is not obligatory) COMMISSION 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) (2000/146/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 Regulation (EC) No 1216/ 1999 (3, and in particular Article 15(1)(b) thereof, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, After having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I INTRODUCTION AND PROCEDURE (1) This Decision is concerned with the supply of incorrect information in response to a formal request for informa- tion under Article 11(3) of Regulation No 17 addressed to Anheuser-Busch Incorporated and Scottish & Newcastle plc. (2)  The Commission sent a Statement of Objections to the parties concerned on 4 August 1998. Anheuser-Busch Incorporated, Anheuser-Busch European Trade Limited and Scottish & Newcastle submitted their replies to the Statement of Objections on 16 October and 27 October () O] 13, 21.2.1962, p. 204/62 () O] L 148, 15.6.1999, p. 5. 1998 respectively. The parties were given the oppor- tunity to put forward their arguments orally, but both parties declined to use that opportunity. Instead, Anheuser-Busch Incorporated, Anheuser-Busch Euro- pean Trade Limited and Scottish & Newcastle submitted further replies to the Statement of Objections on 27 April and 6 May 1999 respectively. This Decision takes account of all the responses to the Statement of Objec- tions. II FACTS A. The undertakings concerned 1. Anheuser-Busch Incorporated Arlheuser-Busch Incorporated (hereinafter ‘Anheuser- Busch Inc.’) is the brewing subsidiary of Anheuser-Busch Companies Incorporated, based in St Louis, United States of America, and is the world's largest brewing organisation. Anheuser-Busch International Inc. is the company's international beer subsidiary, and was formed in 1981 to explore and develop markets outside the United States. Anheuser-Busch European Trade Limited (ABET), based in London, is the European subsidiary of Anheuser-Busch International Inc. and was formed to develop the sales, distribution and marketing of Anheuser-Busch brands in Europe. Both Anheuser-Busch Inc. and ABET are involved in this procedure and replied to the Commission's letter of 3 June 1997