# C_2006303EN.01000401.xml

| 13.12.2006 | EN | Official Journal of the European Union | C 303/4 |
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13.12.2006

EN

Official Journal of the European Union

C 303/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 373rd meeting on 11 May 2004 concerning a preliminary draft decision in Case COMP/C-3/37.980 — Souris bleue/Topps

(2006/C 303/03)

| 1. | The Advisory Committee agrees with the Commission that the definition of the relevant market can be left open. |
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1.

The Advisory Committee agrees with the Commission that the definition of the relevant market can be left open.

| 2. | The Advisory Committee agrees with the Commission that






  a) | Topps Company Inc. and its four European subsidiaries (the addressees of the draft decision) and |
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2.

The Advisory Committee agrees with the Commission that

a)

Topps Company Inc. and its four European subsidiaries (the addressees of the draft decision) and

| b) | Topps' intermediaries (Cards Inc., LDX, Dolber, Rautakirja, DOK, NMPP and ESTE) |
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b)

Topps' intermediaries (Cards Inc., LDX, Dolber, Rautakirja, DOK, NMPP and ESTE)

are undertakings within the meaning of Article 81(1) EC.

| 3. | The Advisory Committee agrees unanimously with the Commission that all the events described in the draft decision with only one exception constitue agreements and/or concerted practices within the meaning of article 81(1) EC. As for the events concerning Topps and LDX a minority disagrees with Commission's view that they constitute agreements and/or concerted practices within the meaning of artcile 81(1) EC. |
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3.

The Advisory Committee agrees unanimously with the Commission that all the events described in the draft decision with only one exception constitue agreements and/or concerted practices within the meaning of article 81(1) EC. As for the events concerning Topps and LDX a minority disagrees with Commission's view that they constitute agreements and/or concerted practices within the meaning of artcile 81(1) EC.

| 4. | The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision fulfil the requirements for a single and continuing infringement of Article 81(1) EC. |
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4.

The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision fulfil the requirements for a single and continuing infringement of Article 81(1) EC.

| 5. | The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision are capable of appreciably affecting trade between Member States. |
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5.

The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision are capable of appreciably affecting trade between Member States.

| 6. | The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision






  a) | are covered neither by the block exemption set forth in Regulation (EEC) No 1983/83 nor by the block exemption set forth in Regulation (EC) No 2790/1999 and |
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6.

The Advisory Committee agrees with the Commission that the agreements and concerted practices identified in the draft decision

a)

are covered neither by the block exemption set forth in Regulation (EEC) No 1983/83 nor by the block exemption set forth in Regulation (EC) No 2790/1999 and

| b) | would not qualify for an individual exemption under Article 81(3) EC. |
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b)

would not qualify for an individual exemption under Article 81(3) EC.

| 7. | The Advisory Committee agrees with the Commission that a fine should be imposed to the addressees of the draft decision. |
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7.

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

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

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

| 9. | The Advisory Committee agrees with the Commission on the duration of the infringement. |
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9.

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

| 10. | The Advisory Committee agrees with the Commission that no aggravating circumstances should be taken into account. |
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10.

The Advisory Committee agrees with the Commission that no aggravating circumstances should be taken into account.

| 11. | The Advisory Committee agrees with the Commission on the attenuating circumstances. |
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11.

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

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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12.

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

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