# C_2008075EN.01001401.xml

| 26.3.2008 | EN | Official Journal of the European Union | C 75/14 |
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26.3.2008

EN

Official Journal of the European Union

C 75/14

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 423rd meeting on 9 February 2007 concerning a draft decision in Case COMP/E-1/38.823 — Elevators and Escalators

(2008/C 75/07)

| 1. | The Advisory Committee agrees with the European Commission assessment of the product and the geographic scope of the agreements and/or concerted practices contained in the draft decision. |
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1.

The Advisory Committee agrees with the European Commission assessment of the product and the geographic scope of the agreements and/or concerted practices contained in the draft decision.

| 2. | The Advisory Committee agrees with the European Commission legal assessment of the facts as agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty. |
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2.

The Advisory Committee agrees with the European Commission legal assessment of the facts as agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty.

| 3. | The Advisory Committee agrees with the European Commission view that the infringements refer to four complex and continuous infringements. |
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3.

The Advisory Committee agrees with the European Commission view that the infringements refer to four complex and continuous infringements.

| 4. | The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as their object and/or effect the prevention, restriction or distortion of competition within the common market. |
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4.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as their object and/or effect the prevention, restriction or distortion of competition within the common market.

| 5. | The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have appreciably affected trade between Member States. |
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5.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have appreciably affected trade between Member States.

| 6. | The Advisory Committee agrees with the European Commission draft decision as regarding the addressees of the decision. |
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6.

The Advisory Committee agrees with the European Commission draft decision as regarding the addressees of the decision.

| 7. | The Advisory Committee agrees with the European Commission as regarding the duration of the infringements and the application of limitation periods. |
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7.

The Advisory Committee agrees with the European Commission as regarding the duration of the infringements and the application of limitation periods.

| 8. | The Advisory Committee agrees with the European Commission's method of calculation of the fines. |
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8.

The Advisory Committee agrees with the European Commission's method of calculation of the fines.

| 9. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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9.

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

Official Journal of the European Union

| 10. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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10.

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

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