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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 398th meeting on 21 November 2005 concerning a draft decision in Case COMP/38354 — Industrial bags

(2007/C 251/04)

1. The Advisory Committee agrees with the European Commission's assessment of the products and the geographic area affected by the cartel in the draft decision.

2. The Advisory Committee agrees with the European Commission's legal assessment of the facts as an agreement and/or concerted practice infringing Article 81(1) of the Treaty.

3. The Advisory Committee agrees with the Commission's views as to the existence of a single and continuous infringement.

4. The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has appreciably affected trade between Member States.

5. The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision.

6. The Advisory Committee agrees with the Commission regarding the duration of the infringement.

7. The Advisory Committee agrees with the Commission's method for the calculation of the fines, and in particular on:

- gravity of the infringement, including differential treatment,

- duration of the infringement,

- attenuating and aggravating circumstances,

- applicability of the Commission Notice on the non-imposition or reduction of fines (1996 Leniency Notice).

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

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