20060911

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 415th meeting on 11 September 2006 concerning a draft decision relating to Case COMP/C.38.121 — Fittings

(2007/C 255/10)

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

2. The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement.

3. The Advisory Committee agrees with the European Commission's view that the infringement referred to a single and continuous infringement, especially regarding the period after the inspections in March/April 2001.

4. The Advisory Committee agrees with the European Commission's draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

5. The Advisory Committee agrees with the European Commission as regards the assessment of the leniency applications and their ranking.

6. The Advisory Committee agrees to close the proceedings against FNAS.

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

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