This document is an excerpt from the EUR-Lex website
Document 52021AT40330
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo Rapporteur: Luxembourg 2021/C 398/07
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo Rapporteur: Luxembourg 2021/C 398/07
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo Rapporteur: Luxembourg 2021/C 398/07
C/2021/2521
OJ C 398, 1.10.2021, p. 8–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
1.10.2021 |
EN |
Official Journal of the European Union |
C 398/8 |
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo
Rapporteur: Luxembourg
(2021/C 398/07)
1.
The Advisory Committee (14 Member States) agrees with the Commission that the anti-competitive conduct in form of customer allocation covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty.
2.
The Advisory Committee (14 Member States) agrees with the Commission’s assessment of the product and geographic scope of the infringement set out in the draft decision.
3.
The Advisory Committee (14 Member States) agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the Treaty, as set out in the draft decision.
4.
The Advisory Committee (14 Member States) agrees with the Commission that the agreement and/or concerted practice was capable of appreciably affecting trade between the Member States.
5.
The Advisory Committee (14 Member States) agrees with the Commission’s assessment as regards the overall duration of the infringement and as regards the duration of the participation of each undertaking in that infringement.
6.
The Advisory Committee (14 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.
7.
The Advisory Committee (14 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice.
8.
The Advisory Committee (14 Member States) agrees with the Commission on the final amounts of the fines.
9.
The Advisory Committee (14 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.