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Document 52011XX0702(01)

Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 11 April 2011 concerning a draft decision relating to Case COMP/39.579 — Consumer detergents — Rapporteur: Hungary

OJ C 193, 2.7.2011, p. 11–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
11/04/2011
Author:
Advisory Committee on Restrictive Practices and Dominant Positions
Form:
Opinion
Treaty:
Treaty on the Functioning of the European Union
Legal basis:
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2.7.2011   

EN

Official Journal of the European Union

C 193/11

Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 11 April 2011 concerning a draft decision relating to Case COMP/39.579 — Consumer detergents

Rapporteur: Hungary

2011/C 193/04

1.

The Advisory Committee agrees with the Commission that the anti-competitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

2.

The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

3.

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 Agreement.

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU.

6.

The Advisory Committee agrees with the Commission's assessment as regards the duration of the infringement.

7.

The Advisory Committee agrees with the Commission's draft decision as regards the addressees.

8.

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

9.

The Advisory Committee agrees with the European Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

10.

The Advisory Committee agrees with the Commission that there are no aggravating or mitigating circumstances applicable in this case.

11.

The Advisory Committee agrees with the Commission on the application of the 2006 Leniency Notice.

12.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

13.

The Advisory Committee agrees with the Commission on the specific increase of the basic amount of the fines, for one of the addressees of the Decision, so as to ensure a sufficiently deterrent effect.

14.

The Advisory Committee agrees with the Commission as regards the amounts of reductions of the fines based on the 2006 Commission Notice on immunity from fines and reduction of fines in cartel cases.

15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the Settlement Notice.

16.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

17.

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