# C_2005175EN.01000201.xml

| 15.7.2005 | EN | Official Journal of the European Union | C 175/2 |
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15.7.2005

EN

Official Journal of the European Union

C 175/2

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 379th meeting on 20 September 2004 concerning a preliminary draft decision in Case COMP/C.37 750 — French beer

(2005/C 175/02)

(Text with EEA relevance)

| 1. | The Advisory Committee agrees with the Commission that in this decision it is not necessary to define the relevant market. |
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1.

The Advisory Committee agrees with the Commission that in this decision it is not necessary to define the relevant market.

| 2. | The Advisory Committee agrees with the Commission about the existence of an agreement, within the meaning of Article 81(1) of the Treaty, between Heineken N.V./Heineken France and Danone/Brasseries Kronenbourg. |
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2.

The Advisory Committee agrees with the Commission about the existence of an agreement, within the meaning of Article 81(1) of the Treaty, between Heineken N.V./Heineken France and Danone/Brasseries Kronenbourg.

| 3. | The Advisory Committee agrees with the Commission that the agreement between Heineken N.V./Heineken France and Danone/Brasseries Kronenbourg has as its object the restriction of competition within the meaning of Article 81(1) of the Treaty. |
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3.

The Advisory Committee agrees with the Commission that the agreement between Heineken N.V./Heineken France and Danone/Brasseries Kronenbourg has as its object the restriction of competition within the meaning of Article 81(1) of the Treaty.

| 4. | The Advisory Committee agrees with Commission on the assessment of the gravity of the infringement, as described in the draft decision. |
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4.

The Advisory Committee agrees with Commission on the assessment of the gravity of the infringement, as described in the draft decision.

| 5. | The Advisory Committee agrees with the Commission:






  (a) | on the aggravating circumstances against Danone/Brasseries Kronenbourg; |
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5.

The Advisory Committee agrees with the Commission:

(a)

on the aggravating circumstances against Danone/Brasseries Kronenbourg;

| (b) | that there are no aggravating circumstances against Heineken N.V./Heineken France. |
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(b)

that there are no aggravating circumstances against Heineken N.V./Heineken France.

| 6. | The Advisory Committee agrees with the Commission:






  (a) | that there are no attenuating circumstances in favour of Danone/Brasseries Kronenbourg; |
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6.

The Advisory Committee agrees with the Commission:

(a)

that there are no attenuating circumstances in favour of Danone/Brasseries Kronenbourg;

| (b) | that there are no attenuating circumstances in favour of Heineken N.V./Heineken France. |
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(b)

that there are no attenuating circumstances in favour of Heineken N.V./Heineken France.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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7.

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

Official Journal of the European Union

| 8. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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8.

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

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