# C_2008219EN.01000601.xml

| 28.8.2008 | EN | Official Journal of the European Union | C 219/6 |
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28.8.2008

EN

Official Journal of the European Union

C 219/6

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View of the representative of the EFTA States concerning a preliminary draft decision relating to Case COMP/E-1/38.113 — Prokent/Tomra

Meeting on 20 March 2006 of the EC Advisory Committee on restrictive practices and dominant positions

(2008/C 219/08)

| 1. | The representative of the EFTA States agrees with the Commission's conclusion on the relevant market:






  (a) | the product market; |
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1.

The representative of the EFTA States 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 representative of the EFTA States agrees with the Commission's conclusion that Tomra enjoyed a dominant position on the reverse vending machine market in the five countries concerned. |
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2.

The representative of the EFTA States agrees with the Commission's conclusion that Tomra enjoyed a dominant position on the reverse vending machine market in the five countries concerned.

| 3. | The representative of the EFTA States 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. |
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3.

The representative of the EFTA States 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.

| 4. | The representative of the EFTA States 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. |
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4.

The representative of the EFTA States 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.

| 5. | The representative of the EFTA States agrees with the Commission's conclusion on the gravity of the infringement. |
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5.

The representative of the EFTA States agrees with the Commission's conclusion on the gravity of the infringement.

| 6. | The representative of the EFTA States agrees with the Commission's conclusion on the duration of the infringement. |
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6.

The representative of the EFTA States agrees with the Commission's conclusion on the duration of the infringement.

| 7. | The representative of the EFTA States recommends the publication of its opinion in the Official Journal of the European Union. |
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7.

The representative of the EFTA States recommends the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

| 8. | The representative of the EFTA States asks the Commission to take into account all the other points raised during the discussion. |
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8.

The representative of the EFTA States asks the Commission to take into account all the other points raised during the discussion.

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