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Document 52009XX1016(01)

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 June 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (1) — Rapporteur: Denmark

OJ C 248, 16.10.2009, p. 2–2 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

16.10.2009   

EN

Official Journal of the European Union

C 248/2

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 June 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (1)

Rapporteur: Denmark

2009/C 248/02

1.

The Advisory Committee agrees with the Commission's assessment of the facts as agreements and/or concerted practises within the meaning as Article 81 of the Treaty as expressed in its draft Decision and communicated to the Advisory Committee on 12 June 2009.

2.

The Advisory Committee agrees with the Commission that the complex of the agreements and/or concerted practices constitute a single and continuous infringement for the time frame in which it existed.

3.

The Advisory Committee agrees with the Commission that the agreements and/or concerted practises have as object a restriction of competition.

4.

The Advisory Committee agrees with the Commission’s assessment of the duration of the infringement, as being:

I.

For both GDF Suez and E.ON, jointly and severally with E.ON Ruhrgas:

(a)

as far as Germany is concerned: from 1 January 1980 until 30 September 2005, i.e. 25 years and 9 months;

(b)

as far as France is concerned: from 10 August 2000 until 30 September 2005, i.e. 5 years, 1 month and 20 days.

II.

For E.ON: from 1 January 2003 until 30 September 2005, i.e. 2 years and 9 months.

5.

The Advisory Committee agrees with the Commission draft decision as regards the conclusion, that the agreements and concerted practices between the companies were liable to affect trade between Member States.

6.

The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision, especially with reference to the imputation of liability to legal predecessors, i.e. companies acquiring control of or merging with companies of the groups concerned.

7.

The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

8.

The Advisory Committee asks the Commission to take into account any other points raised under the discussions.

9.

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