# C_2016432EN.01000301.xml

| 23.11.2016 | EN | Official Journal of the European Union | C 432/3 |
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23.11.2016

EN

Official Journal of the European Union

C 432/3

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Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 4 August 2016 concerning a draft decision relating to Case AT.39759 — ARA Foreclosure

Rapporteur: United Kingdom

(2016/C 432/03)

| (1) | The Advisory Committee shares the Commission’s assessment in its draft Decision as communicated to the Advisory Committee on 20 July 2016 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement. |
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(1)

The Advisory Committee shares the Commission’s assessment in its draft Decision as communicated to the Advisory Committee on 20 July 2016 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.

| (2) | The Advisory Committee agrees with the Commission’s definition of the relevant product market as the market for the exemption of household packaging waste. |
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(2)

The Advisory Committee agrees with the Commission’s definition of the relevant product market as the market for the exemption of household packaging waste.

| (3) | The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Austria. |
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(3)

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

| (4) | The Advisory Committee agrees with the Commission that ARA abused its dominant position on the relevant market by refusing access to the household collection infrastructure without objective justification. |
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(4)

The Advisory Committee agrees with the Commission that ARA abused its dominant position on the relevant market by refusing access to the household collection infrastructure without objective justification.

| (5) | The Advisory Committee agrees with the Commission that ARA’s abusive practices were liable to affect trade between Member States within the meaning of Article 102 of the TFEU. |
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(5)

The Advisory Committee agrees with the Commission that ARA’s abusive practices were liable to affect trade between Member States within the meaning of Article 102 of the TFEU.

| (6) | The Advisory Committee agrees with the Commission that the proceedings concerning ARA can be concluded by means of a decision pursuant to Article 7(1) of Regulation (EC) No 1/2003. |
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(6)

The Advisory Committee agrees with the Commission that the proceedings concerning ARA can be concluded by means of a decision pursuant to Article 7(1) of Regulation (EC) No 1/2003.

| (7) | The Advisory Committee agrees with the Commission that a fine should be imposed on ARA which takes into account ARA’s offer to cooperate by acknowledging the infringement, allowing for procedural efficiencies and proposing a remedy. |
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(7)

The Advisory Committee agrees with the Commission that a fine should be imposed on ARA which takes into account ARA’s offer to cooperate by acknowledging the infringement, allowing for procedural efficiencies and proposing a remedy.

| (8) | The Advisory Committee agrees with the Commission on the final amount of the fine set. |
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(8)

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

| (9) | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
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(9)

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| (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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