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Document 52008XX0301(01)

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 26 October 2007 regarding a draft decision relating to Case COMP/38.432 — Professional videotapes

OJ C 57, 1.3.2008, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

1.3.2008   

EN

Official Journal of the European Union

C 57/6

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 26 October 2007 regarding a draft decision relating to Case COMP/38.432 — Professional videotapes

(2008/C 57/05)

1.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement.

2.

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

3.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement.

4.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice between professional videotape suppliers in the EEA were capable of having an appreciable effect upon trade between Member States.

5.

The Advisory Committee agrees with the Commission that the object and the effect of the agreement and/or concerted practice was to restrict competition within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement.

6.

The Advisory Committee agrees with the Commission's assessment on the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

7.

The Advisory Committee agrees with the Commission's assessment on aggravating circumstances.

8.

The Advisory Committee agrees with the Commission's assessment on mitigating circumstances.

9.

The Advisory Committee agrees with the Commission on the application of the 2002 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 other points raised during the discussion.
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