29.11.2011 |
EN |
Official Journal of the European Union |
C 348/7 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 May 2010 concerning a draft decision relating to Case COMP/39.092 (1) — Bathroom fittings and fixtures
Rapporteur: France
2011/C 348/06
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 101 of the TFEU and Article 53 of the EEA Agreement. |
2. |
The Advisory Committee agrees with the European Commission’s assessment of the products affected by the cartel. |
3. |
The Advisory Committee agrees with the European Commission’s assessment of the geographic area affected by the cartel. |
4. |
The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practice in the concerned Member States of the EU were capable of having an appreciable effect upon trade between Member States. |
5a. |
The Advisory Committee agrees with the European Commission’s assessment that the cartel constitutes a single and continuous infringement. |
5b. |
The Advisory Committee agrees with the European Commission’s assessment on the liability of each undertaking regarding the different geographic scopes of the single and continuous infringement. |
6. |
The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement. |
7. |
The Advisory Committee agrees with the European Commission as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
8. |
The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable. |
9. |
The Advisory Committee agrees with the Commission that there are no attenuating circumstances applicable. |
10. |
The Advisory Committee agrees with the European Commission’s assessment of the applications made under the 2002 Leniency Notice. |
11. |
The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |