# C_2017117EN.01000601.xml

| 12.4.2017 | EN | Official Journal of the European Union | C 117/6 |
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12.4.2017

EN

Official Journal of the European Union

C 117/6

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 October 2015 regarding a draft decision relating to Case AT.39639 — Optical Disk Drives

Rapporteur: Austria

(2017/C 117/07)

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
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2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU and the contracting parties of the EEA Agreement. |
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5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU and the contracting parties of the EEA Agreement.

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
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6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees, including the imputation of liability to parent companies of the groups concerned in the case. |
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7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees, including the imputation of liability to parent companies of the groups concerned in the case.

| 8. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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8.

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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