Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 2 July 2010 regarding a draft decision relating to Case COMP/38.866 (1) — Animal feed phosphates

Rapporteur: Greece

2011/C 111/06

1. The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decisions.

3. The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

4. The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

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

6. The Advisory Committee agrees with the Commission's assessment on the duration of the infringement for each addressee.

7. The Advisory Committee agrees with the Commission's draft decisions as regards the addressees of the decisions, specifically with reference to imputation of liability to parent companies of the groups concerned.

8. The Advisory Committee agrees with the application by the Commission of the procedure set out in Article 10a of Commission Regulation (EC) No 773/2004, as amended by Commission Regulation (EC) No 622/2008 of 30 June 2008, and the Settlement Notice regarding the conduct of settlement procedures in cartel cases.

9. The Advisory Committee intends to ask the Commission to take into account all other points raised during the discussion.

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

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