34. Contingencies 143 Heineken leases buildings, cars and equipment Guarantees to banks for loans relate to loans to customers, which are given by external parties in the ordinary course of business of Heineken. Raw material contracts include long term purchase contracts with suppliers in which prices are fixed or will be agreed based upon pre-defined price formulas. These contracts mainly relate to malt, bottles and cans During the year ended 31 December 2009 EUR 184 million (2008: EUR 177 million) was recognised as an expense in the income statement in respect of operating leases and rent. Other off-balance sheet obligations mainly include distribution, rental, service and sponsorship contracts. Committed bank facilities are credit facilities on which a commitment fee is paid as compensation for the bank's requirement to reserve capital. For the details of these committed bank facilities see note 25. The bank is legally obliged to provide the facility under the terms and conditions of the agreement. As part of the transaction with APB in respect of the realignment of its interests in the Asia Pacific region, Heineken acquired the entire issued share capital of APB Pearl Ltd and APB Aurangabad Ltd on 10 February 2010 (refer note 37). Heineken intends to transfer its interests in these two companies, together with its interests in MAPL, to UBL during 2010. The Netherlands Heineken is involved in an antitrust case initiated by the European Commission for alleged violations of the European Union competition laws. By decision of 18 April 2007 the European Commission stated that Heineken and other brewers operating in the Netherlands, restricted competition in the Dutch market during the period 1996-1999. This decision follows an investigation by the European Commission that commenced in March 2000. Heineken fully cooperated with the authorities in this investigation. As a result of its decision, the European Commission imposed a fine on Heineken of EUR219 million in April 2007. On 4 July 2007 Heineken filed an appeal with the European Court of First Instance against the decision of the European Commission as Heineken disagrees with the findings of the European Commission. Pending appeal, Heineken was obliged to pay the fine to the European Commission. This fine was paid in 2007 and was treated as an expense in the 2007 Annual Report. A final decision by the European Court of First Instance is expected in 2010 or 2011. Carlsberg The consideration paid (purchase price) for the acquisition of Scottish Newcastle is subject to change as, in line with the consortium agreement, the final net debt settlement is being discussed between the consortium partners. Given that the outcome is not virtually certain there is no basis to reliably estimate the financial effects of the net debt settlement. Annual Report 2009 - Heineken N.V.

Jaarverslagen en Personeelsbladen Heineken

Jaarverslagen | 2009 | | pagina 139