# C_2008127EN.01000501.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 127/5 |
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24.5.2008

EN

Official Journal of the European Union

C 127/5

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 16 November 2007 regarding a draft decision relating to Case COMP/39.165 — Flat Glass

(2008/C 127/08)

| 1. | The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. |
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1.

The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel. |
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2.

The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel.

| 3. | The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement. |
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3.

The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement.

| 4. | The Advisory Committee agrees with the European Commission assessment that the agreement and/or concerted practice between the flat glass manufacturers 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 European Commission assessment that the agreement and/or concerted practice between the flat glass manufacturers in the EEA were capable of having an appreciable effect upon trade between Member States.

| 5. | The Advisory Committee agrees with the European Commission assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
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5.

The Advisory Committee agrees with the European Commission assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 6. | The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision. |
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6.

The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.

| 7. | The Advisory Committee agrees with the European Commission assessment of the applications made under the 2002 Leniency Notice, that is to say that Asahi/Glaverbel will be granted a 30-50 % reduction of the fine and partial immunity for the period 9 January 2004 to 19 April 2004. |
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7.

The Advisory Committee agrees with the European Commission assessment of the applications made under the 2002 Leniency Notice, that is to say that Asahi/Glaverbel will be granted a 30-50 % reduction of the fine and partial immunity for the period 9 January 2004 to 19 April 2004.

| 8. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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8.

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

Official Journal of the European Union

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