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Document 52018XX1211(01)
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 12 March 2018 concerning the draft decision relating to Case AT.40136 — Capacitors — Rapporteur: Italy
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 12 March 2018 concerning the draft decision relating to Case AT.40136 — Capacitors — Rapporteur: Italy
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 12 March 2018 concerning the draft decision relating to Case AT.40136 — Capacitors — Rapporteur: Italy
C/2018/1768
OJ C 446, 11.12.2018, 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)
11.12.2018 |
EN |
Official Journal of the European Union |
C 446/4 |
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 12 March 2018 concerning the draft decision relating to Case AT.40136 — Capacitors
Rapporteur: Italy
(2018/C 446/04)
1.
The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA.
2.
The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision.
3.
The Advisory Committee agrees with the Commission that the following undertakings:
— |
Elna Co., Ltd (Elna), |
— |
Hitachi Chemical Electronics Co., Ltd and Hitachi Chemical Co., Ltd (Hitachi AIC), |
— |
Vishay Polytech Co., Ltd, Holy Stone Holdings Co., Ltd and Holy Stone Enterprise Co., Ltd (Holy Stone), |
— |
Matsuo Electric Co., Ltd (Matsuo), |
— |
Tokin Corporation and NEC Corporation (NEC Tokin), |
— |
Nichicon Corporation (Nichicon), |
— |
Nippon Chemi-Con Corporation (Nippon Chemi-Con), |
— |
Rubycon Corporation and Rubycon Holdings Co., Ltd (Rubycon), |
— |
Sanyo Electric Co. Ltd and Panasonic Corporation, |
have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 EEA.
4.
The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.
5.
The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU/contracting parties to the EEA agreement.
6.
The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement from 26 June 1998 to 23 April 2012 and for each respective legal person involved as described in the draft decision.
7.
The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.
8.
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.