Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 382nd meeting on 18 October 2004 concerning a preliminary draft decision in Case COMP/F-1/38.338 — PO/Needles

2009/C 147/12

1. The Advisory Committee agrees with the Commission’s conclusion on the relevant markets.

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

3. 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.

4. The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement 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 its assessment of Article 81(3) of the EC Treaty.

7. The Advisory Committee agrees with the Commission that Article 7 of Regulation (EC) No 1/2003 should be applied in this case.

8. The Advisory Committee agrees with the Commission on the gravity and duration of the infringement.

9. The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances applicable.

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

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 all the other points raised during the discussion.

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