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Document 52009XX0721(01)

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 20 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (1) — Rapporteur: Luxembourg

OJ C 168, 21.7.2009, 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)

21.7.2009   

EN

Official Journal of the European Union

C 168/2

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 20 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (1)

Rapporteur: Luxembourg

2009/C 168/02

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 81 of the Treaty and Article 53 of the EEA Agreement.

2.

The Advisory Committee agrees with the European Commission's assessment that the measures agreed and taken pursuant to Memorandum of 1 April 1986 and follow up agreements are to be considered as a coherent set of measures of the arrangements agreed at both the global and the European level.

3.

The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practices between the producers of marine hoses were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.

4.

The Advisory Committee agrees with the European Commission that, despite the limited cartel activities in 1997-1999, there is indeed a single, materially same, infringement.

5.

The Advisory Committee agrees with the European Commission's assessment that the infringement is to be seen as single and continuous in light of the evolution of the cartel over the period from 1986-2007 (with a period of limited, minor cartel activities in 1997-1999).

6.

The Advisory Committee agrees that Bridgestone (DOM that cannot be held liable for its role) and Parker/ITR within the group of suppliers played the role of leader and that this justifies an increase in the basic amount of the fine to be imposed on these undertakings for leadership.

7.

The Advisory Committee agrees with the European Commission's assessment of the applications made under the 2006 Leniency Notice.

8.

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

9.

The Advisory Committee agrees with the publication of the Opinion in the Official Journal of the European Communities.
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