Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 10 June 2010 regarding a draft decision relating to Case COMP/36.212 — Carbonless paper (Bolloré readoption)

Rapporteur: Italy

2011/C 138/06

1. The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis.

2. The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision.

3. The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision.

4. The Advisory Committee agrees with the European Commission’s assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 TFEU and Article 53 EEA Agreement.

5. The Advisory Committee agrees with the Commission's finding of the duration of the cartel.

6. The Advisory Committee agrees with the Commission that Bolloré is liable both as parent company and for direct involvement.

7. The Advisory Committee agrees with the European Commission’s finding that the limitation period has not expired.

8. The Advisory Committee agrees that the readoption does not infringe basic principles, such as the non bis in idem principle or the principle that decisions are to be adopted in a reasonable time.

9. The Advisory Committee agrees with the European Commission on the basic amount of the fine.

10. The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases.

11. The Advisory Committee agrees with the European Commission on the final amount of the fine.

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

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