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Document 52021AT40324

Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 19 May 2021 concerning a preliminary draft decision in case AT.40324 – European Government Bonds (Text with EEA relevance) 2021/C 418/06

C/2021/3489

OJ C 418, 15.10.2021, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

15.10.2021   

EN

Official Journal of the European Union

C 418/6


Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 19 May 2021 concerning a preliminary draft decision in case AT.40324 – European Government Bonds

(Text with EEA relevance)

(2021/C 418/06)

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision took place on the primary and secondary market of EGB in the EEA and constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA Agreement.

2.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA Agreement.

3.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

4.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees for the purpose of finding an infringement, including two addressees where the Commission is time barred to impose fines.

5.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees for the purpose of imposing fines.

6.

The Advisory Committee agrees with the Commission on the calculation of the proxy to the value of sales to enable the application to the case of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

7.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

8.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

9.

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


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