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Document 52011XX1129(01)

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 May 2010 concerning a draft decision relating to Case COMP/39.092 (1) — Bathroom fittings and fixtures — Rapporteur: France

OJ C 348, 29.11.2011, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
25/05/2010
Author:
Advisory Committee on Restrictive Practices and Dominant Positions
Form:
Opinion

29.11.2011   

EN

Official Journal of the European Union

C 348/7

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 May 2010 concerning a draft decision relating to Case COMP/39.092 (1) — Bathroom fittings and fixtures

Rapporteur: France

2011/C 348/06

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 with the European Commission’s assessment of the products affected by the cartel.

3.

The Advisory Committee agrees with the European Commission’s assessment of the geographic area affected by the cartel.

4.

The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practice in the concerned Member States of the EU were capable of having an appreciable effect upon trade between Member States.

5a.

The Advisory Committee agrees with the European Commission’s assessment that the cartel constitutes a single and continuous infringement.

5b.

The Advisory Committee agrees with the European Commission’s assessment on the liability of each undertaking regarding the different geographic scopes of the single and continuous infringement.

6.

The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement.

7.

The Advisory Committee agrees with the European Commission as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

8.

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

9.

The Advisory Committee agrees with the Commission that there are no attenuating circumstances applicable.

10.

The Advisory Committee agrees with the European Commission’s assessment of the applications made under the 2002 Leniency Notice.

11.

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