15.7.2005 Official Journal of the European Union L 184/57 COMMISSION COMMISSION DECISION of 29 September 2004 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/C.37.750/B2 — Brasseries Kronenbourg — Brasseries Heineken) (notified under document number C(2004) 3597) (Only the Dutch and French versions are authentic) (2005/503/EC) On 29 September 2004, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (?), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the decision can be found in the authentic languages of the case and in the Commission’s working languages at DG COMP web-site at http://europa.eu.int/comm/competition/index_en.html [. INTRODUCTION The decision relates to an ‘armistice’ agreement regarding the sale of beer in France for consumption away from home (on-trade sector). The Commission has gathered evidence showing that on 21 March 1996, the two main brewery groups in France, Brasseries Kronenbourg SA and Heineken France SA (previously: Sogebra) and their respective mother companies at the time of the facts, Groupe Danone and Heineken NV, have concluded this agreement, following an ‘acquisition war’ regarding drinks wholesalers. The agreement concerns, on the one hand, the acquisition of drinks wholesalers, with the aim of bringing a rapid end to the rising costs of acquiring these companies, and on the other hand, the balancing of the integrated distribution networks of the parties concerned. The ‘armistice’ agreement has, however, never been implemented. II. SUMMARY OF THE CASE 1. Origin of the case and procedural steps The case started on the basis of information provided by Interbrew NV (now Inbev NV) in the framework of the Belgian brewery cartel case (Commission Decision 2003/569/EC of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty, (Case 1V[37.614[F3 PO[Interbrew and Alken-Maes) (O] L 200, 7.8.2003, p. 1)). On the basis of this information, the Commission conducted several inspections in the year 2000 and has completed its investigation by requests for information. () O] L 1, 4.1.2003, p. 1. On February 4, 2004 the Commission opened the proceedings and adopted a statement of objections against Brasseries Kronenbourg SA, Heineken France SA, Groupe Danone and Heineken NV. All parties have submitted a written reply to the Commission. They have, however, renounced their right to a hearing. 2. The sector concerned This case concerns the sales of beer in France in the on- trade sector. Together, the companies participating in the agreement represented approximately three quarters of the volume of beer consumed in France in 1999. 3. Nature of the infringement The Commission withheld the following infringement: on 12 February 1996, Heineken NV and Heineken France SA announced their intention to acquire the groups Fischer and Saint Arnould to Groupe Danone and Brasseries Kronenbourg SA. Since the groups Fischer and Saint Arnould distributed an important volume of Kronenbourg beer, this triggered a genuine acquisition war. Each brewery group thus acquired a large number of drinks wholesalers, leading to a strong inflation of the acquisition price of such wholesalers. On 21 March 1996, Brasseries Kronenbourg SA, Heineken