# C_2009173EN.01001101.xml

| 25.7.2009 | EN | Official Journal of the European Union | C 173/11 |
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25.7.2009

EN

Official Journal of the European Union

C 173/11

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 1 July 2008 regarding a draft decision relating to Case COMP/39.125 — PO/Carglass (1)

Rapporteur: Lithuania

2009/C 173/07

| 1. | The Advisory Committee agree with the European Commission's 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 agree with the European Commission's 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 agree with the European Commission's assessment of the scope of the infringement corresponding, product-wide, to the supply of carglass parts to vehicle manufacturers. |
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2.

The Advisory Committee agree with the European Commission's assessment of the scope of the infringement corresponding, product-wide, to the supply of carglass parts to vehicle manufacturers.

| 3. | The Advisory Committee agree with the European Commission that the geographic scope of this case is the EEA, since the sales of carglass parts are supplied to car manufacturers in the EEA. |
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3.

The Advisory Committee agree with the European Commission that the geographic scope of this case is the EEA, since the sales of carglass parts are supplied to car manufacturers in the EEA.

| 4. | The Advisory Committee agree with the European Commission's assessment of illicit behaviour, corresponding to agreements and/or concerted practices coordinating prices, supply strategies, sharing customers as well as monitoring and applying a compensation mechanism in order to maintain a certain market share stability. |
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4.

The Advisory Committee agree with the European Commission's assessment of illicit behaviour, corresponding to agreements and/or concerted practices coordinating prices, supply strategies, sharing customers as well as monitoring and applying a compensation mechanism in order to maintain a certain market share stability.

| 5. | The Advisory Committee agree with the European Commission that the infringement began at the latest on 10 March 1998 and has lasted until at least 11 March 2003. |
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5.

The Advisory Committee agree with the European Commission that the infringement began at the latest on 10 March 1998 and has lasted until at least 11 March 2003.

| 6. | The Advisory Committee agree with the European Commission that the exchanging of information between the relevant companies is inherent in the illicit practices and forms an integral part of them. |
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6.

The Advisory Committee agree with the European Commission that the exchanging of information between the relevant companies is inherent in the illicit practices and forms an integral part of them.

| 7. | The Advisory Committee agree with the European Commission that the object and effects of the mentioned illicit practices are restrictions of competition within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement and that they are able to distort competition. |
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7.

The Advisory Committee agree with the European Commission that the object and effects of the mentioned illicit practices are restrictions of competition within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement and that they are able to distort competition.

| 8. | The Advisory Committee agree in particular with the European Commission's assessment that all the mentioned illicit practices form part of an overall scheme in pursuit of a single anti-competitive economic aim, and therefore constitutes a single, continuous and complex infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement. |
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8.

The Advisory Committee agree in particular with the European Commission's assessment that all the mentioned illicit practices form part of an overall scheme in pursuit of a single anti-competitive economic aim, and therefore constitutes a single, continuous and complex infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement.

| 9. | The Advisory Committee agree with the European Commission that Article 81(3) of the Treaty could not be applied in the present case. |
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9.

The Advisory Committee agree with the European Commission that Article 81(3) of the Treaty could not be applied in the present case.

| 10. | The Advisory Committee agree with the European Commission's 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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10.

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

| 11. | The Advisory Committee agree with the European Commission that a fine should be imposed on the addressees of the draft decision. |
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11.

The Advisory Committee agree with the European Commission that a fine should be imposed on the addressees of the draft decision.

| 12. | The majority of the Advisory Committee agree with the European Commission's reasoning on the basic amount of the fines as well as on the mitigating and aggravating circumstances. A minority abstains. |
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12.

The majority of the Advisory Committee agree with the European Commission's reasoning on the basic amount of the fines as well as on the mitigating and aggravating circumstances. A minority abstains.

| 13. | The Advisory Committee agree with the European Commission as regards the application of the 2002 Commission notice on the non-imposition or reduction of fines, including the rejection of the immunity. |
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13.

The Advisory Committee agree with the European Commission as regards the application of the 2002 Commission notice on the non-imposition or reduction of fines, including the rejection of the immunity.

| 14. | The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
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14.

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

Official Journal of the European Union

| BELGIË/BELGIQUE | BULGARIA | ČESKÁ REPUBLIKA | DANMARK | DEUTSCHLAND |
| --- | --- | --- | --- | --- |
| | | | | |
| Mr Dirk VERTONGEN | | | | Mr Tobias GLASS |

BELGIË/BELGIQUE

BELGIË/BELGIQUE

BULGARIA

BULGARIA

ČESKÁ REPUBLIKA

ČESKÁ REPUBLIKA

DANMARK

DANMARK

DEUTSCHLAND

DEUTSCHLAND

Mr Dirk VERTONGEN

Mr Tobias GLASS

| EESTI | ÉIRE-IRELAND | ELLADA | ESPAÑA | FRANCE |
| --- | --- | --- | --- | --- |
| | | | | |
| | Mr. John BURKE | | Mr. Oswaldo GARCIA-HERNAN. | Ms Catherine AMIEL |

EESTI

EESTI

ÉIRE-IRELAND

ÉIRE-IRELAND

ELLADA

ELLADA

ESPAÑA

ESPAÑA

FRANCE

FRANCE

Mr. John BURKE

Mr. Oswaldo GARCIA-HERNAN.

Ms Catherine AMIEL

| ITALIA | KYPROS/KIBRIS | LATVIJA | LIETUVA | LUXEMBOURG |
| --- | --- | --- | --- | --- |
| | | | | |
| Mr Flavio PAPADIA | | | Ms Giedre JARMALYTE | |

ITALIA

ITALIA

KYPROS/KIBRIS

KYPROS/KIBRIS

LATVIJA

LATVIJA

LIETUVA

LIETUVA

LUXEMBOURG

LUXEMBOURG

Mr Flavio PAPADIA

Ms Giedre JARMALYTE

| MAGYARORSZÁG | MALTA | NEDERLAND | ÖSTERREICH | POLSKA |
| --- | --- | --- | --- | --- |
| | | | | |
| | | Ms. HIJMANS | Mr KOPRIVNIKAR | |

MAGYARORSZÁG

MAGYARORSZÁG

MALTA

MALTA

NEDERLAND

NEDERLAND

ÖSTERREICH

ÖSTERREICH

POLSKA

POLSKA

Ms. HIJMANS

Mr KOPRIVNIKAR

| PORTUGAL | ROMANIA | SLOVENIJA | SLOVENSKO | SUOMI-FINLAND |
| --- | --- | --- | --- | --- |
| | | | | |
| | | | | Ms Pirjo ASPINEN |

PORTUGAL

PORTUGAL

ROMANIA

ROMANIA

SLOVENIJA

SLOVENIJA

SLOVENSKO

SLOVENSKO

SUOMI-FINLAND

SUOMI-FINLAND

Ms Pirjo ASPINEN

| SVERIGE | UNITED KINGDOM |
| --- | --- |
| | |
| Mr. Peter DELDEN | Mr Terry BUTLER |

SVERIGE

SVERIGE

UNITED KINGDOM

UNITED KINGDOM

Mr. Peter DELDEN

Mr Terry BUTLER

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