20061127

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 419th meeting on 27 November 2006 concerning a draft decision in Case COMP/F/38.638 — BR/ESBR

(2008/C 7/06)

1. The Advisory Committee agrees with the Commission on the basic amounts of the fines.

2. The Advisory Committee agrees with the Commission on the increase of the basic amount to ensure sufficient deterrent effect.

3. The Advisory Committee agrees with the Commission on the increase of the basic amount due to aggravating circumstances.

4. The Advisory Committee agrees with the Commission on the amounts of reduction of the fine based on the 2002 Commission Notice on the non-imposition or reduction of fines in cartel cases.

5. The Advisory Committee agrees with the Commission on the final amounts of the fines.

6. The 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.

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