WRITTEN QUESTION E-4038/00 by Bart Staes (Verts/ALE) to the Commission. Breach of European rules on competition.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Belgium, Luxembourg, application of EU law, beverage industry, competition law, dominant position, infringement procedure (EU), unlawful agreement

13.11.2001

EN

Official Journal of the European Communities

C 318 E/17

(2001/C 318 E/017)

WRITTEN QUESTION E-3983/00

by Christine De Veyrac (PPE-DE) to the Commission

(20 December 2000)

Subject: Community subsidies for the Midi-PyrØnØes Region: amounts and allocation

What are the figures for Community subsidies, distinguishing where necessary between commitment
appropriations and payment appropriations, for Toulouse and the Midi-PyrØnØes Region in 1997, 1998,
1999 and 2000, and who were the beneficiaries, under the heading of:

(cid:129) the ERDF

(cid:129) the EAGGF-Guidance

(cid:129) the ESF

(cid:129) research programmes

(cid:129) environment programmes

(cid:129) SME programmes

(cid:129) education, training and youth programmes

(cid:129) decentralised cooperation?

Supplementary answer
given by Mr Prodi on behalf of the Commission

(27 June 2001)

Further to its answer of 11/01/2001 (1), the Commission is sending the information requested direct to the
Honourable Member and to Parliament(cid:146)s Secretariat.

(1) OJ C 151 E, 22.5.2001.

(2001/C 318 E/018)

WRITTEN QUESTION E-4038/00

by Bart Staes (Verts/ALE) to the Commission

(21 December 2000)

Subject: Breach of European rules on competition

On Tuesday, 13 July 1999, inspectors from the Commission (cid:145)s DG IV went looking for evidence of(cid:146)misuse
of a dominant position(cid:146) in the Interbrew(cid:146)s Louvain offices. They found incriminating material and, after
two days, came to a series of conclusions.

Interbrew was apparently exchanging information with other brewers.
Investment in and promotion
campaigns involving clients were jointly coordinated, and it is claimed that the brewers also got together
and figured out how they could get a grip on other costs.

In November 1999, DG IV inspectors carried out a number of searches on the premises of the Martens,
Alken-Maes and Co.Bra.Ha breweries. That operation resulted directly from the inquiry into Interbrew
which had revealed evidence of a cartel having been established.

In October 2000, the four breweries were formally accused and were given just two months in which to
defend themselves against the Commission(cid:146)s charges.

The Belgian beer market is not the only one characterised by an oligopoly. On the other European
markets, too, there are just a few main players. In Denmark, Carlsberg controls 70 % of the market, while
Brau Union controls 56 % of the market in Austria. The Netherlands is dominated by Heineken (60 %),
while Heineken and Kronenbourg control 80 % of the French beer market.

The Belgian and Luxembourg markets are the first in respect of which the Commission has initiated
a formal procedure alleging breach of the rules on competition.

C 318 E/18

Official Journal of the European Communities

EN

13.11.2001

1. What is the state of play in the infringement procedure initiated against the Belgian and Luxembourg
breweries?

2. When will the Commission give a definite answer as to whether or not it will bring formal charges
against the companies involved?

3. Will the Commission also shortly be initiating formal infringement procedures relating to breaches of
the rules on competition in the other Member States? If so, when?

Answer given by Mr Monti on behalf of the Commission

(19 February 2001)

In July 1999, inspections were carried out at the premises of Interbrew because of alleged infringements of
Article 82 (ex Article 86) of the EC Treaty (abuse of a dominant position). This case is pending and should
not be confused with the cartel case involving Interbrew, which concerns alleged infringements of
Article 81 (ex Article 85) of the EC Treaty. The inspections in October 1999 took place at the premises of
Alken-Maes and the Belgian brewers(cid:146) federation (CBB). No inspections were carried out at the premises of
Haacht and Martens.

1. and 2.
Interbrew, Alken-Maes, Danone (the parent company of Alken Maes at
infringement), Haacht and Martens.

On 2 October 2000, the Commission addressed Statements of Objections in the cartel case to
the alleged

the time of

On the same day, the Commission issued Statement of Objections to brewers in Luxembourg relating to
alleged infringements of Article 81 of the EC Treaty. This Statement of Objections is addressed to the
following Luxemburg brewers: Bofferding, Mousel-Diekirch, Battin and Wiltz.

they can consult

Formal proceedings for the infringement of the EC Treaty competition rules begin with the sending of
what is known as a (cid:145)Statement of Objections(cid:146). The Statement of Objections gives a detailed account of the
the competition rules have been
allegations made and explains why the Commission believes that
infringed. The addressees of the Statement of Objections have the right to defend themselves, which means
that
the
investigation. They may also produce evidence of their own, and may ask for a hearing at which they can
present
the
Commission will then decide whether it should impose the termination of the conduct at issue. The
Commission also has power to impose fines for infringement of the Community competition rules; the
level of the fine depends on the gravity and the duration of the infringement.

the relevant documents and make submissions on the current state of

is only following these and other procedural safeguards that

their defence orally.

It

The Commission is currently investigating beer markets in other Member States, involving French,
3.
Dutch, Italian and Danish brewers. Surprise inspections have been carried out in all these Member States.
These investigations are on-going and therefore the Commission cannot provide any information on the
possible outcome of these cases.

For further information,
2 October 2000 (1).

(1)

IP/00/1092.

the Honourable Member is referred to the Commission(cid:146)s press release of

(2001/C 318 E/019)

WRITTEN QUESTION E-4062/00

by Patricia McKenna (Verts/ALE) to the Commission

(9 January 2001)

Subject: Falun Gong

Falun Dafa, or Falun Gong, is a spiritual practice based on mediation similar to Taichi or Yoga which
improves people(cid:146)s physical and mental health. Falun Dafa practitioners in China have been widely
persecuted. Large numbers of Falun Dafa practitioners were arrested on 1 October 2000 on Tiananmen