# C_2008235EN.01000201.xml

| 13.9.2008 | EN | Official Journal of the European Union | C 235/2 |
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13.9.2008

EN

Official Journal of the European Union

C 235/2

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 417th meeting on 23 October 2006 concerning a draft decision in Case COMP/C.38.907 — Steel beams

(2008/C 235/02)

| 1. | The Advisory Committee agrees with the Commission on the applicability of Article 65(1) of the ECSC Treaty despite its expiry. |
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1.

The Advisory Committee agrees with the Commission on the applicability of Article 65(1) of the ECSC Treaty despite its expiry.

| 2. | The Advisory Committee agrees with the Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 65(1) of the ECSC Treaty. |
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2.

The Advisory Committee agrees with the Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 65(1) of the ECSC Treaty.

| 3. | The Advisory Committee agrees with the Commission's assessment of the product and geographic market affected by the cartel in the draft decision. |
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3.

The Advisory Committee agrees with the Commission's assessment of the product and geographic market affected by the cartel in the draft decision.

| 4. | The Advisory Committee agrees with the Commission's finding that the principle of ‘ne bis in idem’ does not forbid the adoption of the present decision. |
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4.

The Advisory Committee agrees with the Commission's finding that the principle of ‘ne bis in idem’ does not forbid the adoption of the present decision.

ne bis in idem

| 5. | The Advisory Committee agrees with the Commission's draft decision as regards the addressees of the decision, in particular with reference to imputation of liability to Arcelor Profil Luxembourg SA (ex-ProfilArbed SA) as economic successor to Arbed SA's activities in steel beams. |
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5.

The Advisory Committee agrees with the Commission's draft decision as regards the addressees of the decision, in particular with reference to imputation of liability to Arcelor Profil Luxembourg SA (ex-ProfilArbed SA) as economic successor to Arbed SA's activities in steel beams.

| 6. | The Advisory Committee agrees with the Commission's finding that the limitation period has not expired, neither with regard to Arcelor Luxembourg SA (ex-Arbed SA) nor with respect to Arcelor Profil Luxembourg SA (ex-ProfilArbed SA) nor Arcelor International SA (ex-TradeArbed SA). |
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6.

The Advisory Committee agrees with the Commission's finding that the limitation period has not expired, neither with regard to Arcelor Luxembourg SA (ex-Arbed SA) nor with respect to Arcelor Profil Luxembourg SA (ex-ProfilArbed SA) nor Arcelor International SA (ex-TradeArbed SA).

| 7. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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7.

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

| 8. | The Advisory Committee agrees with the Commission on taking into account — by way of exceptional circumstances — that the Commission has already taken a position on the amount of the fine for Arbed SA, which the Court of First Instance reduced to EUR 10 million in its judgment in Case T-137/94. |
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8.

The Advisory Committee agrees with the Commission on taking into account — by way of exceptional circumstances — that the Commission has already taken a position on the amount of the fine for Arbed SA, which the Court of First Instance reduced to EUR 10 million in its judgment in Case T-137/94.

| 9. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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9.

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

| 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 ail the other points raised during the discussion. |
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11.

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

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