# C_2013089EN.01000701.xml

| 27.3.2013 | EN | Official Journal of the European Union | C 89/7 |
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27.3.2013

EN

Official Journal of the European Union

C 89/7

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View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive agreements and dominant position of 28 November 2012 regarding a preliminary draft Commission Decision Case COMP/39.230 — Rio Tinto Alcan

Rapporteur: The Netherlands

2013/C 89/07

| 1. | The representatives of the EFTA States and the EFTA Surveillance Authority share the competition concerns raised by the Commission in its draft decision. |
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1.

The representatives of the EFTA States and the EFTA Surveillance Authority share the competition concerns raised by the Commission in its draft decision.

| 2. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the behaviour may have effects on trade between Member States. |
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2.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the behaviour may have effects on trade between Member States.

| 3. | The representatives of the EFTA States and the EFTA Surveillance Authority agree that the Revised Commitment Proposal submitted by Rio Tinto Alcan address the competition concerns raised by the Commission. |
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3.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that the Revised Commitment Proposal submitted by Rio Tinto Alcan address the competition concerns raised by the Commission.

| 4. | The representatives of the EFTA States and the EFTA Surveillance Authority agree that the commitments are adequate. |
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4.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that the commitments are adequate.

| 5. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the duration of the commitments. |
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5.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the duration of the commitments.

| 6. | The representatives of the EFTA States and the EFTA Surveillance Authority agrees that the commitments should be made binding in full. |
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6.

The representatives of the EFTA States and the EFTA Surveillance Authority agrees that the commitments should be made binding in full.

| 7. | The representatives of the EFTA States and the EFTA Surveillance Authority agree that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Rio Tinto Alcan as regards the competition concerns identified in the draft decision. |
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7.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Rio Tinto Alcan as regards the competition concerns identified in the draft decision.

| 8. | The representatives of the EFTA States and the EFTA Surveillance Authority ask the Commission to take into account any other points raised during the discussion. |
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8.

The representatives of the EFTA States and the EFTA Surveillance Authority ask the Commission to take into account any other points raised during the discussion.

| 9. | The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its opinion in the Official Journal of the European Union. |
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9.

The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

EFTA Surveillance Authority

Sigrid SURLIEN

NORGE

Birgitte BREVIK

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