Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 425th meeting on 23 March 2007 concerning a draft decision relating to case COMP/C.37.766 — Dutch Beer Market

2009/C 133/03

1. The Advisory Committee agrees with the European Commission assessment of the facts as agreements and/or concerted practices within the meaning of Article 81 of the Treaty.

2. The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous infringement for the time frame in which it existed.

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

4. The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 27 February 1996 until 3 November 1999.

5. The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and concerted practices between the brewers were liable to affect trade between Member States.

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

7. The Advisory Committee agrees with the Commission as regards the lack of evidence of an infringement of the rights of defence that would prevent the finding of an infringement.

8. The Advisory Committee agrees with the assessment on the nature of the infringement, classifying it as "very serious" by nature.

9. The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

10. The Advisory Committee agrees with the Commission’s reasoning on the basic amount of the fines.

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

12. The Advisory Committee agrees with the Commission on the application of the Commission Notice on the non-imposition or reduction of fines in cartel cases.

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

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