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Document 52009XX0213(01)

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 November 2008 regarding a draft decision relating to Cases COMP/39.388 — German Electricity Wholesale Market and COMP/39.389 — German Electricity Balancing Market — Rapporteur: The Netherlands

OJ C 36, 13.2.2009, 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)

13.2.2009   

EN

Official Journal of the European Union

C 36/6


Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 November 2008 regarding a draft decision relating to Cases COMP/39.388 — German Electricity Wholesale Market and COMP/39.389 — German Electricity Balancing Market

Rapporteur: The Netherlands

(2009/C 36/06)

1.

A majority of the members of the Advisory Committee share the Commission's concerns expressed in the preliminary assessment. A minority abstains.

2.

A majority of the members of the Advisory Committee agree with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003. A minority abstains and a minority disagrees.

3.

A majority of the members of the Advisory Committee agree with the Commission that, in light of the commitments offered by E.ON AG, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. A minority abstains.

4.

A majority of the members of the Advisory Committee agree with the Commission that the commitments offered by E.ON AG are proportionate. A minority abstains and a minority disagrees.

5.

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

6.

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


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