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Document 52021AT40299

    Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 23 September 2020 at 10:30-13:00 (CEST (Central European Summer Time (i.e. Brussels time).)) concerning a draft decision in Case AT.40299 – Closure Systems Rapporteur: Slovenia (Text with EEA relevance) 2021/C 40/04

    C/2020/6486

    OJ C 40, 5.2.2021, p. 4–4 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    5.2.2021   

    EN

    Official Journal of the European Union

    C 40/4


    Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 23 September 2020 at 10:30-13:00 (CEST (1)) concerning a draft decision in Case AT.40299 – Closure Systems

    Rapporteur: Slovenia

    (Text with EEA relevance)

    (2021/C 40/04)

    1.   

    The Advisory Committee (8 Member States) agrees with the Commission that both sets of conduct covered by the draft decision constitute two separate single and continuous infringements consisting of anticompetitive agreements and/or concerted practices between undertakings with the object to restrict competition 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 for the single and continuous infringements contained in the draft decision.

    3.   

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

    4.   

    The Advisory Committee agrees with the Commission's draft decision as regards the addressees in respect of the infringements.

    5.   

    The Advisory Committee agrees with the Commission that the infringements should be ordered to be brought to an end and that a fine should be imposed on the addressees of the draft decision for the infringements in which they were involved.

    6.   

    The Advisory Committee agrees with the Commission on the calculation of the fines, based on 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 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 agrees with the Commission on the final amounts of the fine.

    9.   

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


    (1)  Central European Summer Time (i.e. Brussels time).


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