# C_2014334EN.01000301.xml

| 25.9.2014 | EN | Official Journal of the European Union | C 334/3 |
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25.9.2014

EN

Official Journal of the European Union

C 334/3

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 March 2014 regarding a draft decision relating to Case AT.39952 Power Exchanges

Rapporteur: the Netherlands

(2014/C 334/04)

| 1. | The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee. |
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1.

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee.

| 2. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA. |
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2.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA.

| 3. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision. |
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3.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision.

| 4. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA. |
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4.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA.

| 5. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA. |
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5.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA.

| 6. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU. |
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6.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU.

| 7. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
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7.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 8. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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8.

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

| 9. | The Advisory Committee agrees with the Commission on the value of sales. |
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9.

The Advisory Committee agrees with the Commission on the value of sales.

| 10. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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10.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

| 11. | The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
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11.

The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.

| 12. | The Advisory Committee agrees with the Commission that it does not apply any increase to the fines for the purpose of deterrence in this case. |
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12.

The Advisory Committee agrees with the Commission that it does not apply any increase to the fines for the purpose of deterrence in this case.

| 13. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
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13.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 14. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
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14.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

| 15. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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15.

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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