Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (1)

Rapporteur: France

(2008/C 251/04)

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

2. The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel.

3. The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement.

4. The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 9 years for Bayer, DuPont, Denka, Enichem and Tosoh and 6 year and a month for Dow and DPE.

5. The Advisory Committee agrees with the European Commission assessment that the agreement and/or concerted practice between chloroprene rubber producers in the EEA were capable of having an appreciable effect upon trade between Member States.

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

7. The members of the Advisory Committee agree with the European Commission that a fine should be imposed on the addressees of the draft decision.

8. The Advisory Committee agrees with the European Commission's reasoning on the basic amount of the fines.

9. The Advisory Committee agrees with the European Commission assessment of the mitigating and aggravating circumstances.

10. The Advisory Committee agrees with the European Commission on the application of the 2002 Commission notice on the non-imposition or reduction of fines.

11. The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

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