15.4.2009

Official Journal of the European Union

C 86/3

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 30 November 2007 regarding a draft decision relating to Case COMP/38.628 — Nitrile Butadiene Rubber

2009/C 86/03

1.	The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

2.	The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel.

3.	The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement.

4.	The Advisory Committee agrees with the European Commission as regards the addressees of the draft decision.

5.	The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.

6.	The Advisory Committee agrees with the European Commission's reasoning on the basic amount of the fines.

7.	The Advisory Committee agrees with the European Commission assessment of the mitigating and aggravating circumstances.

8.	The Advisory Committee agrees with the European Commission on the application of the 2002 Commission notice on the non-imposition or reduction of fines.

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