NOTIFICATION FILED , PURSUANT TO ARTICLE 4 OF REGULATION NO 17 , ON 12 JUNE 1980 BY DE FORENEDE BRYGGERIER A/S , ALSO KNOWN AS THE UNITED BREWERIES LIMITED , COPENHAGEN , AND GRAND METROPOLITAN LIMITED , LONDON , CONCERNING THE COOPERATION AGREEMENT BETWEEN THEM , " THE LAGER AGREEMENT " , SIGNED ON 2 JUNE 1980 ;
HAVING REGARD TO THE SUMMARY OF THE CASE PUBLISHED PURSUANT TO ARTICLE 19 ( 3 ) OF REGULATION NO 17 ( 2 ) ,
AFTER CONSULTATION WITHIN THE ADVISORY COMMITTEE ON RESTRICTIVE PRACTICES AND DOMINANT POSITIONS ,
WHEREAS :
I . THE FACTS
A . THE UNDERTAKINGS
( 1 ) DE FORENEDE BRYGGERIER A/S , ALSO KNOWN AS THE UNITED BREWERIES ( UB ) IS A COMPANY INCORPORATED IN DENMARK WHICH WAS FORMED ON 10 JUNE 1970 BY THE MERGER OF THE COMPANIES CARLSBERG BRYGGERIERNE , INDEHAVER CARLSBERGFONDET AND AKTIESELSKABET DE FORENEDE BRYGGERIER , THE OWNERS OF THE CARLSBERG AND TUBORG BRANDS RESPECTIVELY . THE COMPANY ( HEREINAFTER REFERRED TO AS " CARLSBERG " ) PRODUCES AND SELLS UNDER THESE BRAND NAMES , THROUGH A LARGE NUMBER OF SUBSIDIARIES IN THE FEDERAL REPUBLIC OF GERMANY , FRANCE , LUXEMBOURG , THE UNITED KINGDOM AND ELSEWHERE , A RANGE OF BOTTOM-FERMENTED BEERS COMMONLY KNOWN AS " LAGER " . IN 1982/83 CARLSBERG AND ITS SUBSIDIARIES HAD AN AGGREGATE TURNOVER OF DKR 7 177 000 000 . IT ESTIMATES ITS SHARE OF THE LAGER MARKET AT 80 % IN DENMARK , 14 % IN THE UNITED KINGDOM ( 3 ) AND LESS THAN 0,5 % IN THE REST OF THE EEC . ON 1 MAY 1970 , CARLSBERG , WHICH ALREADY OWNED THREE AGENCIES FOR DISTRIBUTING ITS BEER IN THE UNITED KINGDOM ( IN LONDON , GOOLE AND EDINBURGH ) , SET UP A NEW COMPANY , CARLSBERG BREWERY LIMITED ( HEREINAFTER REFERRED TO AS " CARLSBERG LTD " ) , TO BREW ITS BEER THERE IN A LARGE NEW BREWERY AT NORTHAMPTON . IN 1981/82 , CARLSBERG LTD AND ITS THREE AGENCIES HAD TOTAL SALES OF POUND 123 575 000 . SINCE 1981 THE NORTHAMPTON BREWERY HAS ALSO BREWED TUBORG BEERS , BUT ANOTHER CARLSBERG SUBSIDIARY , TUBORG LAGER LIMITED , DISTRIBUTES THEM . THE TUBORG BRAND HAS ABOUT 2 % OF THE BRITISH LAGER MARKET .
( 2 ) GRAND METROPOLITAN LTD ( NOW PLC ) ( GM ) IS THE PARENT COMPANY OF A BRITISH GROUP WITH INTERESTS IN THE HOTEL AND CATERING , FOOD , BREWING , WINES AND SPIRITS AND LEISURE SECTORS . IN 1981/82 GM HAD A TOTAL TURNOVER OF POUND 3 848 500 000 . IN 1972/73 , GRAND METROPOLITAN TOOK OVER THE BREWERIES TRUMAN AND WATNEY MANN AND MERGED THEM INTO THE SINGLE SUBSIDIARY WATNEY MANN AND TRUMAN BREWERS LIMITED ( WMTB ) . WMTB'S TURNOVER IN 1981/82 WAS POUND 491 815 000 , OF WHICH POUND 214 859 000 ( 44 % ) WAS FROM SALES OF LAGER . GM , WITH 11,5 % OF