# C_2012122EN.01000201.xml

| 27.4.2012 | EN | Official Journal of the European Union | C 122/2 |
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27.4.2012

EN

Official Journal of the European Union

C 122/2

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 December 2011 regarding a draft decision relating to Case COMP/39.600 — Refrigeration compressors

Rapporteur: Malta

2012/C 122/02

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive 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. |
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1.

The Advisory Committee agrees with the Commission that the anticompetitive 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. |
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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. |
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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. |
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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 the Member States of the EU and between other contracting parties to the EEA Agreement. |
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5.

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

| 6. | The Advisory Committee agrees with the Commission's assessment as regards the duration of the infringement. |
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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. |
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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. |
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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.

| 9. | The Advisory Committee agrees with the 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. |
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9.

The Advisory Committee agrees with the 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 on the basic amounts of the fines. |
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10.

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

| 11. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
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11.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.

| 12. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case. |
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12.

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

| 13. | The Advisory Committee agrees with the Commission that a multiplier for deterrence should be applied to one addressee of the draft decision. |
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13.

The Advisory Committee agrees with the Commission that a multiplier for deterrence should be applied to one addressee of the draft decision.

| 14. | The Advisory Committee agrees with the Commission on the mitigating circumstances the Commission identifies for two of the addressees of the draft decision. |
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14.

The Advisory Committee agrees with the Commission on the mitigating circumstances the Commission identifies for two of the addressees of the draft decision.

| 15. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
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15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

| 16. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
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16.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 17. | The Advisory Committee agrees with the European Commission’s assessment on inability to pay. |
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17.

The Advisory Committee agrees with the European Commission’s assessment on inability to pay.

| 18. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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18.

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

| 19. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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19.

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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