# C_2012064EN.01000601.xml

| 3.3.2012 | EN | Official Journal of the European Union | C 64/6 |
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3.3.2012

EN

Official Journal of the European Union

C 64/6

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 October 2011 regarding a draft decision relating to Case COMP/39.482 (1) — Exotic fruits (bananas)

Rapporteur: Poland

2012/C 64/06

| 1. | The Advisory Committee agrees with the European Commission’s assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 of the TFEU. |
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1.

The Advisory Committee agrees with the European Commission’s assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 of the TFEU.

| 2. | The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of bananas for the time frame in which it existed. |
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2.

The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of bananas for the time frame in which it existed.

| 3. | The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object and effect of restricting competition. |
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3.

The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object and effect of restricting competition.

| 4. | The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement for each addressee. |
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4.

The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement for each addressee.

| 5. | The Advisory Committee agrees with the European Commission’s draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States. |
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5.

The Advisory Committee agrees with the European Commission’s draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States.

| 6. | The Advisory Committee agrees with the European Commission’s draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
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6.

The Advisory Committee agrees with the European Commission’s draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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7.

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

Official Journal of the European Union.

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