# C_2008057EN.01000601.xml

| 1.3.2008 | EN | Official Journal of the European Union | C 57/6 |
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1.3.2008

EN

Official Journal of the European Union

C 57/6

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 26 October 2007 regarding a draft decision relating to Case COMP/38.432 — Professional videotapes

(2008/C 57/05)

| 1. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement. |
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1.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission's assessment of the product and the geographic scope of the agreement and/or concerted practice. |
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2.

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

| 3. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement. |
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3.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement.

| 4. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice between professional videotape suppliers in the EEA were capable of having an appreciable effect upon trade between Member States. |
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4.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice between professional videotape suppliers in the EEA were capable of having an appreciable effect upon trade between Member States.

| 5. | The Advisory Committee agrees with the Commission that the object and the effect of the agreement and/or concerted practice was to restrict competition within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement. |
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5.

The Advisory Committee agrees with the Commission that the object and the effect of the agreement and/or concerted practice was to restrict competition within the meaning of Article 81(1) of the EC Treaty and Article 53 of the EEA Agreement.

| 6. | The Advisory Committee agrees with the Commission's assessment on the addressees of the draft 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 Commission's assessment on the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 7. | The Advisory Committee agrees with the Commission's assessment on aggravating circumstances. |
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7.

The Advisory Committee agrees with the Commission's assessment on aggravating circumstances.

| 8. | The Advisory Committee agrees with the Commission's assessment on mitigating circumstances. |
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8.

The Advisory Committee agrees with the Commission's assessment on mitigating circumstances.

| 9. | The Advisory Committee agrees with the Commission on the application of the 2002 Leniency Notice. |
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9.

The Advisory Committee agrees with the Commission on the application of the 2002 Leniency Notice.

| 10. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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10.

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

Official Journal of the European Union

| 11. | The Advisory Committee asks the Commission to take into account other points raised during the discussion. |
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11.

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

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