# C_2005180EN.01000401.xml

| 22.7.2005 | EN | Official Journal of the European Union | C 180/4 |
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22.7.2005

EN

Official Journal of the European Union

C 180/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 385th meeting on 29 November 2004 concerning a preliminary draft decision in Case COMP/C.37.533 — Choline chloride

(2005/C 180/04)

| 1. | The Advisory Committee agrees with the Commission's assessment of the product and the geographic relevant markets contained in the draft decision. |
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1.

The Advisory Committee agrees with the Commission's assessment of the product and the geographic relevant markets contained in the draft decision.

| 2. | The Advisory Committee agrees with the analysis of the market's structure made by the Commission. |
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2.

The Advisory Committee agrees with the analysis of the market's structure made by the Commission.

| 3. | The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement. |
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3.

The Advisory Committee agrees with the legal assessment made by the Commission, notably with the legal qualification of the facts as an agreement and/or concerted practice within the meaning of Article 81(1) of the EC Treaty and Article 53(1) of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission's view that the cartel subject to this proceeding must be considered as a single and continuous infringement. |
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4.

The Advisory Committee agrees with the Commission's view that the cartel subject to this proceeding must be considered as a single and continuous infringement.

| 5. | The Advisory Committee agrees with the Commission, that the agreement and/or concerted practice had as object and/or as effect a restriction of competition. |
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5.

The Advisory Committee agrees with the Commission, that the agreement and/or concerted practice had as object and/or as effect a restriction of competition.

| 6. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice had appreciably affected trade between Member States. |
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6.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice had appreciably affected trade between Member States.

| 7. | The Advisory Committee agrees with the Commission that fines should be imposed on the following companies which took part in the cartel:






  (a) | Akzo Nobel N.V., Akzo Nobel Netherlands B.V., Akzo Nobel Chemicals International B.V., Akzo Nobel Chemicals B.V. and Akzo Nobel Functional Chemicals B.V., jointly and severally; |
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7.

The Advisory Committee agrees with the Commission that fines should be imposed on the following companies which took part in the cartel:

(a)

Akzo Nobel N.V., Akzo Nobel Netherlands B.V., Akzo Nobel Chemicals International B.V., Akzo Nobel Chemicals B.V. and Akzo Nobel Functional Chemicals B.V., jointly and severally;

| (b) | BASF A.G.; |
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(b)

BASF A.G.;

| (c) | UCB S.A. |
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(c)

UCB S.A.

| 8. | The Advisory Committee agrees with the method of calculation of the fines regarding the:






  (a) | gravity of the infringement, including differential treatment; |
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8.

The Advisory Committee agrees with the method of calculation of the fines regarding the:

(a)

gravity of the infringement, including differential treatment;

| (b) | duration of the infringement; |
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(b)

duration of the infringement;

| (c) | attenuating and aggravating circumstances; |
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(c)

attenuating and aggravating circumstances;

| (d) | applicability of the Commission Notice on the non-imposition or reduction of fines. |
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(d)

applicability of the Commission Notice on the non-imposition or reduction of fines.

| 9. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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9.

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

Official Journal of the European Union

| 10. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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10.

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

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