20061120

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 418th meeting on 20 November 2006 concerning a draft decision in Case COMP/F/38.638 — BR/ESBR

(2008/C 7/04)

1. The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.

2. The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as object a restriction of competition.

3. The Advisory Committee agrees with the European Commission's assessment on the duration of infringement, as being from 20 May 1996 until 28 November 2002.

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 Commission that a fine should be imposed on addressees of the draft decision.

6. Advisory committee recommends the publication of its opinion in the Official Journal of the European Union.

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

--------------------------------------------------