This document is an excerpt from the EUR-Lex website
Document 52014XX0925(01)
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 March 2014 regarding a draft decision relating to Case AT.39952 Power Exchanges — Rapporteur: the Netherlands
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 March 2014 regarding a draft decision relating to Case AT.39952 Power Exchanges — Rapporteur: the Netherlands
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 March 2014 regarding a draft decision relating to Case AT.39952 Power Exchanges — Rapporteur: the Netherlands
IO C 334, 25.9.2014, p. 3–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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25.9.2014 |
EN |
Official Journal of the European Union |
C 334/3 |
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 March 2014 regarding a draft decision relating to Case AT.39952 Power Exchanges
Rapporteur: the Netherlands
(2014/C 334/04)
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1. |
The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee. |
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2. |
The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA. |
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3. |
The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision. |
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4. |
The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA. |
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5. |
The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA. |
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6. |
The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU. |
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7. |
The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
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8. |
The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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9. |
The Advisory Committee agrees with the Commission on the value of sales. |
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10. |
The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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11. |
The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
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12. |
The Advisory Committee agrees with the Commission that it does not apply any increase to the fines for the purpose of deterrence in this case. |
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13. |
The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
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14. |
The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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15. |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |