# C_2007251EN.01000401.xml

| 26.10.2007 | EN | Official Journal of the European Union | C 251/4 |
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26.10.2007

EN

Official Journal of the European Union

C 251/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 398th meeting on 21 November 2005 concerning a draft decision in Case COMP/38354 — Industrial bags

(2007/C 251/04)

| 1. | The Advisory Committee agrees with the European Commission's assessment of the products and the geographic area affected by the cartel in the draft decision. |
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1.

The Advisory Committee agrees with the European Commission's assessment of the products and the geographic area affected by the cartel in the draft decision.

| 2. | The Advisory Committee agrees with the European Commission's legal assessment of the facts as an agreement and/or concerted practice infringing Article 81(1) of the Treaty. |
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2.

The Advisory Committee agrees with the European Commission's legal assessment of the facts as an agreement and/or concerted practice infringing Article 81(1) of the Treaty.

| 3. | The Advisory Committee agrees with the Commission's views as to the existence of a single and continuous infringement. |
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3.

The Advisory Committee agrees with the Commission's views as to the existence of a single and continuous infringement.

| 4. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has appreciably affected trade between Member States. |
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4.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has appreciably affected trade between Member States.

| 5. | The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision. |
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5.

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

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

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

| 7. | The Advisory Committee agrees with the Commission's method for the calculation of the fines, and in particular on:






  — | gravity of the infringement, including differential treatment, |
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7.

The Advisory Committee agrees with the Commission's method for the calculation of the fines, and in particular on:

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gravity of the infringement, including differential treatment,

| — | duration of the infringement, |
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duration of the infringement,

| — | attenuating and aggravating circumstances, |
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attenuating and aggravating circumstances,

| — | applicability of the Commission Notice on the non-imposition or reduction of fines (1996 Leniency Notice). |
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applicability of the Commission Notice on the non-imposition or reduction of fines (1996 Leniency Notice).

| 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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