# C_2009047EN.01000401.xml

| 26.2.2009 | EN | Official Journal of the European Union | C 47/4 |
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26.2.2009

EN

Official Journal of the European Union

C 47/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 431st meeting of 5 September 2007 regarding a draft decision relating to Case COMP/39.168 — PO/Hard Haberdashery: Fasteners

Rapporteur: Sweden

(2009/C 47/05)

| 1. | The Advisory Committee agrees with the Commission's assessment of the product and the geographic scope of the agreements and/or concerted practices 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 scope of the agreements and/or concerted practices contained in the draft decision.

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

| 3. | The Advisory Committee agrees with the Commission that the addressees of the draft decision have participated in single and continuous infringements of Article 81(1) of the EC Treaty. |
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3.

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

| 4. | 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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4.

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.

| 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 the gravity of the infringements. |
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6.

The Advisory Committee agrees with the Commission on the gravity of the infringements.

| 7. | The Advisory Committee agrees with the Commission on the duration of the infringements. |
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7.

The Advisory Committee agrees with the Commission on the duration of the infringements.

| 8. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable. |
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8.

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

| 9. | The Advisory Committee agrees with the Commission's assessment as regards the attenuating circumstances. |
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9.

The Advisory Committee agrees with the Commission's assessment as regards the attenuating circumstances.

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

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

| 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 other points raised during the discussion. |
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12.

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

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