# C_2006149EN.01000501.xml

| 27.6.2006 | EN | Official Journal of the European Union | C 149/5 |
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27.6.2006

EN

Official Journal of the European Union

C 149/5

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 394th meeting on 12 september 2005 concerning a preliminary draft decision in cases COMP/36.623, COMP/36.820 and COMP/37.275 — SEP and others/Automobiles Peugeot SA

(2006/C 149/04)

| 1. | The Advisory Committee agrees with the Commission's conclusion on the relevant market. |
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1.

The Advisory Committee agrees with the Commission's conclusion on the relevant market.

| 2. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have concluded agreements on the measures at issue within the meaning of Article 81(1) of the EC Treaty. |
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2.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have concluded agreements on the measures at issue within the meaning of Article 81(1) of the EC Treaty.

| 3. | The Advisory Committee agrees with the Commission that, as regards the dealer remuneration system put in place in the Netherlands by the addressees of the draft decision, the object and effect of the agreements at issue were to restrict competition within the meaning of Article 81(1) of the EC Treaty. |
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3.

The Advisory Committee agrees with the Commission that, as regards the dealer remuneration system put in place in the Netherlands by the addressees of the draft decision, the object and effect of the agreements at issue were to restrict competition within the meaning of Article 81(1) of the EC Treaty.

| 4. | The Advisory Committee agrees with the Commission that, as to pressures exercised by the addressees of the draft decision on Peugeot Dutch dealers, the object and effect of the agreements at issue were to restrict competition within the meaning of Article 81(1) of the EC Treaty. |
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4.

The Advisory Committee agrees with the Commission that, as to pressures exercised by the addressees of the draft decision on Peugeot Dutch dealers, the object and effect of the agreements at issue were to restrict competition within the meaning of Article 81(1) of the EC Treaty.

| 5. | The Advisory Committee agrees with the Commission that the agreements at issue have been capable of appreciably affecting trade between Member States of the EU. |
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5.

The Advisory Committee agrees with the Commission that the agreements at issue have been capable of appreciably affecting trade between Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission that the exemption provided by Regulation (EC) No 1475/95 is not applicable to the agreements at issue. |
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6.

The Advisory Committee agrees with the Commission that the exemption provided by Regulation (EC) No 1475/95 is not applicable to the agreements at issue.

| 7. | The majority of the Advisory Committee agrees with the Commission on the gravity of the infringement and a minority abstains. |
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7.

The majority of the Advisory Committee agrees with the Commission on the gravity of the infringement and a minority abstains.

| 8 | The Advisory Committee agrees with the Commission on the duration of the infringement. |
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8

The Advisory Committee agrees with the Commission on the duration of the infringement.

| 9. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable. |
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9.

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

| 10 | The Advisory Committee agrees with the Commission that there are no mitigating circumstances applicable. |
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10

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

| 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.

| 12. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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12.

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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