Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 424th meeting on 16 February 2007 concerning a draft decision in Case COMP/E-1/38.823 — Elevators and Escalators

(2008/C 75/09)

1. The Advisory Committee agrees with the Commission on the basic amounts of the fines as regards the infringements in the elevators and escalators sector in Belgium, Germany, Luxembourg and the Netherlands.

2. The Advisory Committee agrees with the Commission, as regards the infringements in the elevators and escalators sector, on the increase of the basic amount for ThyssenKrupp AG and it subsidiaries in Belgium, Germany, Luxembourg and the Netherlands due to an aggravating circumstance.

3. The Advisory Committee agrees with the Commission, as regards the infringements in the elevators and escalators sector in Belgium, Germany, Luxembourg and the Netherlands, on the amounts of reduction of the fines based on the 2002 Commission Notice on the non-imposition or reduction of fines in cartel cases, or rewarding cooperation outside its scope.

4. The Advisory Committee agrees with the Commission on the final amounts of the fines for the infringements in the elevators and escalators sector in Belgium, Germany, Luxembourg and the Netherlands.

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

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