16.10.2009

Official Journal of the European Union

C 248/3

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 July 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (2)

Rapporteur: Denmark

2009/C 248/03

1.	The Advisory Committee agrees with the Commission’s reasoning on the calculation of sales and on the basic amount of the fines.

The Advisory Committee agrees with the Commission on the periods to be taken into account for imposing the fines, as being:

(a)	E.ON Ruhrgas: jointly and severally with E.ON: the period from 1 January 2003 until 30 September 2005, i.e. 2 years and 9 months.

(b)	E.ON Ruhrgas: from end of April 1998 as far as Germany is concerned and for the period from 10 August 2000 as far as France is concerned until 30 September 2005, i.e. 7 years and 5 months in Germany and 5 years, 1 month and 20 days in France.

(c)	GDF Suez: from the end of April 1998 as far as Germany in concerned and for the period from 10 August 2000 as far as France is concerned until 30 September 2005, i.e. 7 years and 5 months in Germany and 5 years, 1 month and 20 days in France.

3.	The Advisory Committee agrees with the Commission’s assessment on the mitigating and aggravating circumstances.

4.	The Advisory Committee agrees with the cap that the Commission applies and on the final amount of the fines.

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