Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors

Rapporteur: France

2012/C 292/02

1. The Advisory Committee agrees with the European Commission's assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of mountings for windows and window doors for the time frame in which it existed.

3. The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition.

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

5. The Advisory Committee agrees with the European Commission's draft Decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA-agreement.

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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