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Document 52008XX0326(01)

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 423rd meeting on 9 February 2007 concerning a draft decision in Case COMP/E-1/38.823 — Elevators and Escalators

OJ C 75, 26.3.2008, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.3.2008   

EN

Official Journal of the European Union

C 75/14


Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 423rd meeting on 9 February 2007 concerning a draft decision in Case COMP/E-1/38.823 — Elevators and Escalators

(2008/C 75/07)

1.

The Advisory Committee agrees with the European Commission assessment of the product and the geographic scope of the agreements and/or concerted practices contained in the draft decision.

2.

The Advisory Committee agrees with the European Commission legal assessment of the facts as agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty.

3.

The Advisory Committee agrees with the European Commission view that the infringements refer to four complex and continuous infringements.

4.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as their object and/or effect the prevention, restriction or distortion of competition within the common market.

5.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have appreciably affected trade between Member States.

6.

The Advisory Committee agrees with the European Commission draft decision as regarding the addressees of the decision.

7.

The Advisory Committee agrees with the European Commission as regarding the duration of the infringements and the application of limitation periods.

8.

The Advisory Committee agrees with the European Commission's method of calculation of the fines.

9.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

10.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.


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