# C_2008219EN.01000501.xml

| 28.8.2008 | EN | Official Journal of the European Union | C 219/5 |
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28.8.2008

EN

Official Journal of the European Union

C 219/5

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 405th meeting on 20 March 2006 concerning a draft decision relating to Case COMP/E-1/38.113 — Prokent/Tomra

(2008/C 219/07)

| 1. | The Advisory Committee agrees with the Commission's conclusion on the relevant market:






  (a) | the product market; |
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1.

The Advisory Committee agrees with the Commission's conclusion on the relevant market:

(a)

the product market;

| (b) | the geographical market. |
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(b)

the geographical market.

| 2. | The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra enjoyed a dominant position on the reverse vending machine market in the five countries concerned. A minority abstains. |
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2.

The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra enjoyed a dominant position on the reverse vending machine market in the five countries concerned. A minority abstains.

| 3. | The majority of the Advisory Committee agrees with the Commission on the conclusion that Tomra's practices had an object and effect to restrict competition within the meaning of Article 82 of the EC Treaty and Article 54 of the EEA Agreement. A minority disagrees. |
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3.

The majority of the Advisory Committee agrees with the Commission on the conclusion that Tomra's practices had an object and effect to restrict competition within the meaning of Article 82 of the EC Treaty and Article 54 of the EEA Agreement. A minority disagrees.

| 4. | The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra's practices have been capable of appreciably affecting trade between Member States of the EU and Contracting parties of the EEA Agreement. A minority disagrees. |
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4.

The majority of the Advisory Committee agrees with the Commission's conclusion that Tomra's practices have been capable of appreciably affecting trade between Member States of the EU and Contracting parties of the EEA Agreement. A minority disagrees.

| 5. | The majority of the Advisory Committee agrees with the Commission's conclusion on the gravity of the infringement. A minority disagrees. |
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5.

The majority of the Advisory Committee agrees with the Commission's conclusion on the gravity of the infringement. A minority disagrees.

| 6. | The majority of the Advisory Committee agrees with the Commission's conclusion on the duration of the infringement. A minority disagrees. |
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6.

The majority of the Advisory Committee agrees with the Commission's conclusion on the duration of the infringement. A minority disagrees.

| 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

| 8. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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8.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

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