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Document 52011XX0621(01)

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 7 May 2010 concerning a preliminary draft decision relating to Case COMP/38.511 — DRAMs — Rapporteur: Czech Republic

OJ C 180, 21.6.2011, p. 12–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

21.6.2011   

EN

Official Journal of the European Union

C 180/12


Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 7 May 2010 concerning a preliminary draft decision relating to Case COMP/38.511 — DRAMs

Rapporteur: Czech Republic

2011/C 180/07

1.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in 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 with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

3.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU.

6.

The Advisory Committee agrees with the Commission's assessment as regards the duration of the infringement.

7.

The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case.

8.

The Advisory Committee agree with the Commission's assessment as regards the mitigating circumstances.

9.

The Advisory Committee agrees with the Commission on the application of the 2002 Leniency Notice.

10.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

11.

The Advisory Committee agrees with the Commission on the specific increase of the basic amount of the fines, for three of the addressees of the Decision, so as to ensure a sufficiently deterrent effect.

12.

The Advisory Committee agrees with the Commission on the decrease of the basic amount of the fines, for three of the addressees of the Decision, on the basis of a mitigating circumstance.

13.

The Advisory Committee agrees with the Commission as regards the amounts of reductions of the fines based on the 2002 Commission Notice on immunity from fines and reduction of fines in cartel cases.

14.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

15.

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


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