15.1.2008   

EN

Official Journal of the European Union

C 9/5


Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 17 September 2007 regarding a draft decision relating to Case COMP/B-1/37.966 — Distrigas

(2008/C 9/03)

1.

The members of the Advisory Committee share the Commission's concerns expressed in the preliminary assessment with regard to Distrigas' long-term gas supply contracts foreclosing other gas suppliers' access to the market.

2.

The members of the Advisory Committee agree that the practices in question could have an effect on trade between Member States.

3.

The members of the Advisory Committee agree that the commitments offered by Distrigas are sufficient to meet the concerns identified by the Commission in its preliminary assessment.

4.

The members of the Advisory Committee agree that the commitments offered by Distrigas do not exceed the limits of what is appropriate and necessary to ensure that alternative gas suppliers are not faced with barriers to entry due to a foreclosure of the relevant markets.

5.

The members of the Advisory Committee agree to render the commitments binding on Distrigas until 31 December 2010.

6.

The members of the Advisory Committee intend to recommend the publication of its opinion in the Official Journal of the European Union.