Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 26 March 2010 concerning a preliminary draft decision in Case COMP/38.344 (1) — Prestressing Steel

2011/C 339/03

1. 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 of the TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee agrees that the agreements and/or concerted practices constitute one single and continuous infringement for prestressing steel for the time frame in which they existed.

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

4. The Advisory Committee agrees with the European Commission's assessment on the duration of the infringements for each addressee.

5. The Advisory Committee agrees with the European Commission's draft decision as regards the conclusion that the agreement between the addressees was capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.

6. The Advisory Committee agrees with the European Commission's 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 recommends the publication of its opinion in the Official Journal of the European Union.

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