# C_2010307EN.01000201.xml

| 12.11.2010 | EN | Official Journal of the European Union | C 307/2 |
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12.11.2010

EN

Official Journal of the European Union

C 307/2

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 15 October 2009 regarding a draft decision relating to Case COMP/38.589 — Heat Stabilisers (1)

Rapporteur: Malta

2010/C 307/02

| 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 two single and continuous infringements for tin stabilisers and ESBO/esters for the time frame in which they existed. |
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2.

The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes two single and continuous infringements for tin stabilisers and ESBO/esters for the time frame in which they 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 infringements for each addressee. |
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4.

The Advisory Committee agrees with the European Commission assessment on the duration of the infringements 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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