Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 431st meeting of 5 September 2007 regarding a draft decision relating to Case COMP/39.168 — PO/Hard Haberdashery: Fasteners

Rapporteur: Sweden

(2009/C 47/05)

1. The Advisory Committee agrees with the Commission's assessment of the product and the geographic scope of the agreements and/or concerted practices contained in the draft decision.

2. The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices and/or decisions of associations of undertakings within the meaning of Article 81(1) of the EC Treaty.

3. The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in single and continuous infringements of Article 81(1) of the EC Treaty.

4. The Advisory Committee agrees with the Commission that the object and effect of the agreements and/or concerted practices were to restrict competition within the meaning of Article 81(1) of the EC Treaty.

5. The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have been capable of appreciably affecting trade between Member States of the EU.

6. The Advisory Committee agrees with the Commission on the gravity of the infringements.

7. The Advisory Committee agrees with the Commission on the duration of the infringements.

8. The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable.

9. The Advisory Committee agrees with the Commission's assessment as regards the attenuating circumstances.

10. The Advisory Committee agrees with the Commission on the application of the Leniency Notices.

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

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

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