Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 10 October 2008 concerning a preliminary draft decision in Case COMP/39.188 (2) — Bananas

2009/C 189/05

1. The Advisory Committee agrees with the Commission on the basic amount of the fines.

2. The Advisory Committee agrees with the Commission on the reductions in the basic amount of the fines due to mitigating circumstances.

3. The Advisory Committee agrees with the Commission on the immunity from fines pursuant to the 2002 Leniency Notice.

4. The Advisory Committee agrees with the Commission on the final amounts of the fines.

5. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union according to Article 14(6) of Regulation (EC) No 1/2003.

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