# C_2021458EN.01001301.xml

| 12.11.2021 | EN | Official Journal of the European Union | C 458/13 |
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12.11.2021

EN

Official Journal of the European Union

C 458/13

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Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 July 2021 concerning a Draft Decision in Case AT.40178 - Car Emissions

Meeting by Audio Conference – via ‘Skype for Business’

Rapporteur: Sweden

(Text with EEA relevance)

(2021/C 458/09)

| 1. | The Advisory Committee (10 Member States) agrees with the Commission that the anti-competitive conduct covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty and Article 53 EEA Agreement. |
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1.

The Advisory Committee (10 Member States) agrees with the Commission that the anti-competitive conduct covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty and Article 53 EEA Agreement.

| 2. | The Advisory Committee (10 Member States) agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101(1)(b) of the TFEU and Article 53(1)(b) EEA Agreement. |
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2.

The Advisory Committee (10 Member States) agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101(1)(b) of the TFEU and Article 53(1)(b) EEA Agreement.

| 3. | The Advisory Committee (10 Member States) agrees with the Commission’s assessment as regards the duration of the infringement. |
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3.

The Advisory Committee (10 Member States) agrees with the Commission’s assessment as regards the duration of the infringement.

| 4. | The Advisory Committee (10 Member States) agrees with the Commission that fines should be imposed on the addressees of the draft decision, with the exception of the immunity applicant. |
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4.

The Advisory Committee (10 Member States) agrees with the Commission that fines should be imposed on the addressees of the draft decision, with the exception of the immunity applicant.

| 5. | The Advisory Committee (10 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 No 1/2003. |
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5.

The Advisory Committee (10 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 No 1/2003.

| 6. | The Advisory Committee (10 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice. |
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6.

The Advisory Committee (10 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice.

| 7. | The Advisory Committee (10 Member States) agrees with the Commission on the final amounts of the fines. |
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7.

The Advisory Committee (10 Member States) agrees with the Commission on the final amounts of the fines.

| 8. | The Advisory Committee (10 Member States) recommends the publication of its Opinion in the Official Journal of the European Union. |
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8.

The Advisory Committee (10 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

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