# C_2014314EN.01000501.xml

| 13.9.2014 | EN | Official Journal of the European Union | C 314/5 |
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13.9.2014

EN

Official Journal of the European Union

C 314/5

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Opinion of the Advisory Committee on Restrictive Practices and dominant position given at its meeting of 24 February 2014 regarding a draft decision relating to Case AT.39984 OPCOM/Romanian Power Exchange

Rapporteur: Hungary

2014/C 314/05

| 1. | The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee.
  A majority agrees and a minority disagrees. |
| --- | --- |

1.

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

A majority agrees and a minority disagrees.

| 2. | The Advisory Committee agrees with the Commission’s definition of the relevant product market as the market for services facilitating short-term electricity trading. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s definition of the relevant product market as the market for services facilitating short-term electricity trading.

| 3. | The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Romania.
  A majority agrees and a minority disagrees. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Romania.

A majority agrees and a minority disagrees.

| 4. | The Advisory Committee agrees with the Commission that OPCOM abused its dominant position on the relevant market by discriminating market participants on grounds of nationality/place of establishment without objective justification.
  A majority agrees and a minority disagrees. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that OPCOM abused its dominant position on the relevant market by discriminating market participants on grounds of nationality/place of establishment without objective justification.

A majority agrees and a minority disagrees.

| 5. | The Advisory Committee agrees with the Commission that Transelectrica should be held jointly and severally liable for the infringement of its subsidiary.
  A majority agrees and a minority disagrees. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that Transelectrica should be held jointly and severally liable for the infringement of its subsidiary.

A majority agrees and a minority disagrees.

| 6. | The Advisory Committee agrees with the Commission that a fine should be imposed on OPCOM and its parent company Transelectrica.
  A majority agrees and a minority disagrees. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission that a fine should be imposed on OPCOM and its parent company Transelectrica.

A majority agrees and a minority disagrees.

| 7. | The Advisory Committee agrees with the Commission on the duration of the infringement to be taken into account for the calculation of the basic amount of the fine.
  A majority agrees and a minority disagrees. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission on the duration of the infringement to be taken into account for the calculation of the basic amount of the fine.

A majority agrees and a minority disagrees.

| 8. | The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances to be taken into account.
  A majority agrees and a minority disagrees. |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances to be taken into account.

A majority agrees and a minority disagrees.

| 9. | The Advisory Committee agrees with the Commission on the final amount of the fine.
  A majority agrees and a minority disagrees. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission on the final amount of the fine.

A majority agrees and a minority disagrees.

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

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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