# C_2009301EN.01001401.xml

| 11.12.2009 | EN | Official Journal of the European Union | C 301/14 |
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11.12.2009

EN

Official Journal of the European Union

C 301/14

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 19 June 2009 concerning a draft decision in Case COMP/39.396 – Calcium Carbide

2009/C 301/11

| 1. | The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement. |
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1.

The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous infringement for the time frame in which it existed. |
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2.

The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous infringement for the time frame in which it existed.

| 3. | The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as object a restriction of competition. |
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3.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as object a restriction of competition.

| 4. | The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee. |
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4.

The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee.

| 5. | The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA. |
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5.

The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.

| 6. | The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
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6.

The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 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

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