# C_2006303EN.01001601.xml

| 13.12.2006 | EN | Official Journal of the European Union | C 303/16 |
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13.12.2006

EN

Official Journal of the European Union

C 303/16

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 396th meeting on 10 October 2005 concerning a preliminary draft decision relating to Case COMP/38.281/B.2 — Raw Tobacco Italy

(2006/C 303/12)

| 1. | The Advisory Committee agrees with the Commission that in this decision it is not necessary to define the relevant market. |
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1.

The Advisory Committee agrees with the Commission that in this decision it is not necessary to define the relevant market.

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

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

| 3. | The Advisory Committee agrees with the Commission's view that the infringements subject to this proceeding must be considered as three separate, single and continuous, infringements. |
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3.

The Advisory Committee agrees with the Commission's view that the infringements subject to this proceeding must be considered as three separate, single and continuous, infringements.

| 4. | The Advisory Committee agrees with the Commission that the agreements and/or concerted practices and/or decisions have as object a restriction of competition. |
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4.

The Advisory Committee agrees with the Commission that the agreements and/or concerted practices and/or decisions have as object a restriction of competition.

| 5. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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5.

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

| 6. | The Advisory Committee agrees with the Commission's reasoning on the basic amount of the fines. |
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6.

The Advisory Committee agrees with the Commission's reasoning on the basic amount of the fines.

| 7. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances. |
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7.

The Advisory Committee agrees with the Commission that there are no aggravating circumstances.

| 8. | The Advisory Committee agrees with the Commission on the attenuating circumstances. |
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8.

The Advisory Committee agrees with the Commission on the attenuating circumstances.

| 9. | The Advisory Committee agrees with the Commission on the application of the Commission Notice Commission notice on immunity from fines and reduction of fines in cartel cases. |
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9.

The Advisory Committee agrees with the Commission on the application of the Commission Notice Commission notice on immunity from fines and reduction of fines in cartel cases.

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

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

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