# C_2021024EN.01001101.xml

| 22.1.2021 | EN | Official Journal of the European Union | C 24/11 |
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22.1.2021

EN

Official Journal of the European Union

C 24/11

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Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 10 July 2020 concerning a draft decision relating to Case AT.40410 – Ethylene

Rapporteur: Czech Republic

(2021/C 24/07)

1.

The Advisory Committee (12 Member States) agrees with the Commission that the conduct covered by the draft decision constitutes a single and continuous infringement consisting of anticompetitive agreements and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU.

2.

The Advisory Committee (12 Member States) agrees with the Commission's assessment of the product and geographic scope for the single and continuous infringement contained in the draft decision.

3.

The Advisory Committee (12 Member States) agrees with the Commission that the undertakings concerned by the draft decision participated in the single and continuous infringement of Article 101 of the TFEU, as spelled out in the draft decision.

4.

The Advisory Committee (12 Member States) agrees with the Commission that the object of the infringement was to restrict competition within the meaning of Article 101 of the TFEU.

5.

The Advisory Committee (12 Member States) agrees with the Commission that the infringement was capable of appreciably affecting trade between the Member States of the EU.

6.

The Advisory Committee (12 Member States) agrees with the Commission's assessment as regards the duration of the infringement.

7.

The Advisory Committee (12 Member States) agrees with the Commission's draft decision as regards the addressees in respect of the infringement.

8.

The Advisory Committee (12 Member States) agrees with the Commission that the infringement should be ordered to be brought to an end and that a fine should be imposed on the addressees of the draft decision for the infringement in which they were involved.

9.

The Advisory Committee (12 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

10.

The Advisory Committee (12 Member States) agrees with the Commission on the basic amounts of the fines.

11.

The Advisory Committee (12 Member States) agrees with the Commission on the determination of the duration for the purpose of calculating the fines.

12.

The Advisory Committee (12 Member States) agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case, apart from the recidivism for one party as described in the draft decision.

13.

The Advisory Committee (12 Member States) agrees with the Commission as regards the application of point 37 of the 2006 Guidelines on Fines.

14.

The Advisory Committee (12 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

15.

The Advisory Committee (12 Member States) agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

16.

The Advisory Committee (12 Member States) agrees with the Commission on the final amounts of the fine.

17.

The Advisory Committee (12 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

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