# C_2014319EN.01000301.xml

| 17.9.2014 | EN | Official Journal of the European Union | C 319/3 |
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17.9.2014

EN

Official Journal of the European Union

C 319/3

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 17 March 2014 regarding a draft decision relating to Case AT.39610(1) Power Cables

Rapporteur: Denmark

2014/C 319/03

| (1) | 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 TFEU. |
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(1)

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 TFEU.

| (2) | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices. |
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(2)

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

| (3) | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement concerning high voltage underground and submarine power cables within the meaning of Article 101 TFEU. |
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(3)

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement concerning high voltage underground and submarine power cables within the meaning of Article 101 TFEU.

| (4) | The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as its object the restriction of competition within the meaning of Article 101 TFEU. |
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(4)

The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have as its object the restriction of competition within the meaning of Article 101 TFEU.

| (5) | The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have been capable of appreciably affecting trade between the Member States of the EU. |
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(5)

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

| (6) | The Advisory Committee agrees with the Commission that the Commission has territorial jurisdiction to apply Article 101 TFEU. |
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(6)

The Advisory Committee agrees with the Commission that the Commission has territorial jurisdiction to apply Article 101 TFEU.

| (7) | The Advisory Committee agrees with the Commission’s assessment of the duration of the infringement (1). |
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(7)

The Advisory Committee agrees with the Commission’s assessment of the duration of the infringement (1).

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| (8) | The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision. |
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(8)

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

| (9) | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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(9)

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

| (10) | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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(10)

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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(1)  Following the clarifications provided by the Commission during the second Advisory Committee one Member State competition authority withdrew its earlier abstention regarding question 7.

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