# C_2007272EN.01001801.xml

| 15.11.2007 | EN | Official Journal of the European Union | C 272/18 |
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15.11.2007

EN

Official Journal of the European Union

C 272/18

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 416th meeting on 18 September 2006 concerning a draft decision relating to Case COMP/C2/38.681 — The Cannes Extension Agreement

(2007/C 272/06)

| 1. | The Advisory Committee agrees with the Commission that clause 9(a) of the Cannes Extension Agreement can have the effect of preventing the granting of rebates by a collecting society that negotiates a Central Licensing Agreement with a record company and amount, thus, to an indirect price-fixing arrangement. |
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1.

The Advisory Committee agrees with the Commission that clause 9(a) of the Cannes Extension Agreement can have the effect of preventing the granting of rebates by a collecting society that negotiates a Central Licensing Agreement with a record company and amount, thus, to an indirect price-fixing arrangement.

| 2. | The Advisory Committee agrees with the Commission that clause 7(a)(i) of the Cannes Extension Agreement has the object and may have the effect of crystallising current market structures and preventing any potential competition from collecting societies towards music publishers and/or record companies. |
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2.

The Advisory Committee agrees with the Commission that clause 7(a)(i) of the Cannes Extension Agreement has the object and may have the effect of crystallising current market structures and preventing any potential competition from collecting societies towards music publishers and/or record companies.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered are sufficient to meet the Commission's concerns as to the compatibility of the clauses with Article 81 of the EC Treaty and Article 53 of the EEA Agreement. |
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3.

The Advisory Committee agrees with the Commission that the commitments offered are sufficient to meet the Commission's concerns as to the compatibility of the clauses with Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 which will make commitments binding upon the parties to the Cannes Extension Agreement. |
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4.

The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 which will make commitments binding upon the parties to the Cannes Extension Agreement.

| 5. | The Advisory Committee agrees with the Commission that, in view of the commitments offered, the preliminary assessment and the observations submitted by interested third parties, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
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5.

The Advisory Committee agrees with the Commission that, in view of the commitments offered, the preliminary assessment and the observations submitted by interested third parties, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 6. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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6.

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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