# C_2007085EN.01001401.xml

| 19.4.2007 | EN | Official Journal of the European Union | C 85/14 |
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19.4.2007

EN

Official Journal of the European Union

C 85/14

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 381st meeting on 11 October 2004 concerning a preliminary draft decision in case COMP/C.38.238/B.2 — Raw Tobacco Spain

(2007/C 85/07)

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

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

| 2. | The majority of the Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in two separate, single and continuous, agreements and/or concerted practices contrary to Article 81(1) EC. A minority of the Advisory Committee abstains. |
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2.

The majority of the Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in two separate, single and continuous, agreements and/or concerted practices contrary to Article 81(1) EC. A minority of the Advisory Committee abstains.

| 3. | The majority of the Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as their object the restriction of competition. A minority of the Advisory Committee abstains. |
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3.

The majority of the Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as their object the restriction of competition. A minority of the Advisory Committee abstains.

| 4. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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4.

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

| 5. | The majority of the Advisory Committee agrees with the Commission's reasoning on the basic amount of the fines. A minority of the Advisory Committee abstains. |
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5.

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

| 6. | The majority of the Advisory Committee agrees with the Commission's reasoning on the aggravating circumstances. A minority of the Advisory Committee abstains. |
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6.

The majority of the Advisory Committee agrees with the Commission's reasoning on the aggravating circumstances. A minority of the Advisory Committee abstains.

| 7. | The majority of the Advisory Committee agrees with the Commission's reasoning on the attenuating circumstances. A minority of the Advisory Committee abstains. |
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7.

The majority of the Advisory Committee agrees with the Commission's reasoning on the attenuating circumstances. A minority of the Advisory Committee abstains.

| 8. | The Advisory Committee agrees with the Commission's reasoning on the application of the 1996 Commission notice on the non-imposition or reduction of fines in cartel cases. |
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8.

The Advisory Committee agrees with the Commission's reasoning on the application of the 1996 Commission notice on the non-imposition or reduction of fines in cartel cases.

| 9. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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9.

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

Official Journal of the European Union

| 10. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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10.

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

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