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Document 52006XX1213(07)

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 386th meeting on 6 December 2004 concerning a preliminary draft decision relating to Case COMP/C.37.773 — MCAA

OJ C 303, 13.12.2006, p. 9–9 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

13.12.2006   

EN

Official Journal of the European Union

C 303/9


Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 386th meeting on 6 December 2004 concerning a preliminary draft decision relating to Case COMP/C.37.773 — MCAA

(2006/C 303/08)

1.

The Advisory Committee agrees with the Commission's assessment concerning the product and the relevant geographic market referred to in the draft Decision.

2.

The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.

3.

The Advisory Committee agrees with the Commission that the infringement has the object and effect of restricting competition.

4.

The Advisory Committee agrees with the Commission that the infringement had an appreciable effect on trade between Member States.

5.

The Advisory Committee agrees as to the addressees of the Decision.

6.

The Advisory Committee agrees with the duration of the infringement.

7.

Concerning the imposition of fines, the Advisory Committee agrees with the Commission's proposal to treat the infringement as a very serious one.

8.

The Advisory Committee agrees with the Commission's assessment regarding the attenuating and aggravating circumstances.

9.

The Advisory Committee agrees with the Commission's proposal as regards the application of the Commission Notice on the non-imposition or reduction of fines in cartel cases (Leniency Notice).

10.

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

11.

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


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