# C_2006303EN.01000901.xml

| 13.12.2006 | EN | Official Journal of the European Union | C 303/9 |
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13.12.2006

EN

Official Journal of the European Union

C 303/9

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 386th meeting on 6 December 2004 concerning a preliminary draft decision relating to Case COMP/C.37.773 — MCAA

(2006/C 303/08)

| 1. | The Advisory Committee agrees with the Commission's assessment concerning the product and the relevant geographic market referred to in the draft Decision. |
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1.

The Advisory Committee agrees with the Commission's assessment concerning the product and the relevant geographic market referred to in the draft Decision.

| 2. | The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. |
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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 an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.

| 3. | The Advisory Committee agrees with the Commission that the infringement has the object and effect of restricting competition. |
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3.

The Advisory Committee agrees with the Commission that the infringement has the object and effect of restricting competition.

| 4. | The Advisory Committee agrees with the Commission that the infringement had an appreciable effect on trade between Member States. |
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4.

The Advisory Committee agrees with the Commission that the infringement had an appreciable effect on trade between Member States.

| 5. | The Advisory Committee agrees as to the addressees of the Decision. |
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5.

The Advisory Committee agrees as to the addressees of the Decision.

| 6. | The Advisory Committee agrees with the duration of the infringement. |
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6.

The Advisory Committee agrees with the duration of the infringement.

| 7. | Concerning the imposition of fines, the Advisory Committee agrees with the Commission's proposal to treat the infringement as a very serious one. |
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7.

Concerning the imposition of fines, the Advisory Committee agrees with the Commission's proposal to treat the infringement as a very serious one.

| 8. | The Advisory Committee agrees with the Commission's assessment regarding the attenuating and aggravating circumstances. |
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8.

The Advisory Committee agrees with the Commission's assessment regarding the attenuating and aggravating circumstances.

| 9. | The Advisory Committee agrees with the Commission's proposal as regards the application of the Commission Notice on the non-imposition or reduction of fines in cartel cases (Leniency Notice). |
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9.

The Advisory Committee agrees with the Commission's proposal as regards the application of the Commission Notice on the non-imposition or reduction of fines in cartel cases (Leniency Notice).

| 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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