# C_2009147EN.01001901.xml

| 27.6.2009 | EN | Official Journal of the European Union | C 147/19 |
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27.6.2009

EN

Official Journal of the European Union

C 147/19

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 382nd meeting on 18 October 2004 concerning a preliminary draft decision in Case COMP/F-1/38.338 — PO/Needles

2009/C 147/12

| 1. | The Advisory Committee agrees with the Commission’s conclusion on the relevant markets. |
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1.

The Advisory Committee agrees with the Commission’s conclusion on the relevant markets.

| 2. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty. |
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2.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in agreements and/or concerted practices within the meaning of Article 81(1) of the EC Treaty.

| 3. | The Advisory Committee agrees with the Commission that the object and effect of the agreements and/or concerted practices were to restrict competition within the meaning of Article 81(1) of the EC Treaty. |
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3.

The Advisory Committee agrees with the Commission that the object and effect of the agreements and/or concerted practices were to restrict competition within the meaning of Article 81(1) of the EC Treaty.

| 4. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement of Article 81(1) of the EC Treaty. |
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4.

The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in a single and continuous infringement of Article 81(1) of the EC Treaty.

| 5. | The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have been capable of appreciably affecting trade between Member States of the EU. |
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5.

The Advisory Committee agrees with the Commission that the agreements and/or concerted practices have been capable of appreciably affecting trade between Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission on its assessment of Article 81(3) of the EC Treaty. |
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6.

The Advisory Committee agrees with the Commission on its assessment of Article 81(3) of the EC Treaty.

| 7. | The Advisory Committee agrees with the Commission that Article 7 of Regulation (EC) No 1/2003 should be applied in this case. |
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7.

The Advisory Committee agrees with the Commission that Article 7 of Regulation (EC) No 1/2003 should be applied in this case.

| 8. | The Advisory Committee agrees with the Commission on the gravity and duration of the infringement. |
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8.

The Advisory Committee agrees with the Commission on the gravity and duration of the infringement.

| 9. | The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances applicable. |
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9.

The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances applicable.

| 10. | The Advisory Committee agrees with the Commission on the application of the Leniency Notice. |
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10.

The Advisory Committee agrees with the Commission on the application of the Leniency Notice.

| 11. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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11.

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

Official Journal of the European Union

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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12.

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

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