# C_2017108EN.01000301.xml

| 6.4.2017 | EN | Official Journal of the European Union | C 108/3 |
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6.4.2017

EN

Official Journal of the European Union

C 108/3

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 18 July 2016 regarding a draft decision relating to Case AT.39824 — Trucks

Rapporteur: Latvia

(2017/C 108/03)

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

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

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreements and/or concerted practices 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 agreements and/or concerted practices 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 EEA. |
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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 EEA.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreements and/or concerted practices for the infringement described in the draft decision was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA. |
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4.

The Advisory Committee agrees with the Commission that the object of the agreements and/or concerted practices for the infringement described in the draft decision was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.

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

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

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration for the infringement described in the draft decision. |
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6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration for the infringement described in the draft decision.

| 7. | The Advisory Committee agrees with the Commission as regards the addressees of the draft decision. |
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7.

The Advisory Committee agrees with the Commission as regards the addressees of the draft decision.

| 8. | The Advisory Committee agrees with the Commission that fines should be imposed on the addressees of the draft decision. |
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8.

The Advisory Committee agrees with the Commission that fines should be imposed on the addressees of the draft decision.

| 9. | The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 for the draft decision. |
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9.

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 for the draft decision.

| 10. | The Advisory Committee agrees with the Commission as regards the determination of the value of sales used for the calculation of the fines imposed by the draft decision. |
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10.

The Advisory Committee agrees with the Commission as regards the determination of the value of sales used for the calculation of the fines imposed by the draft decision.

| 11. | The Advisory Committee agrees with the Commission on the basic amounts of the fines for the draft decision. |
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11.

The Advisory Committee agrees with the Commission on the basic amounts of the fines for the draft decision.

| 12. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines for the draft decision. |
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12.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines for the draft decision.

| 13. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable to the infringement. |
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13.

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

| 14. | The Advisory Committee agrees with the Commission that there are no mitigating circumstances applicable to the infringement. |
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14.

The Advisory Committee agrees with the Commission that there are no mitigating circumstances applicable to the infringement.

| 15. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice for the draft decision. |
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15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice for the draft decision.

| 16. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice for the draft decision. |
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16.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice for the draft decision.

| 17. | The Advisory Committee agrees with the Commission on the final amounts of the fines for the draft decision. |
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17.

The Advisory Committee agrees with the Commission on the final amounts of the fines for the draft decision.

| 18. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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18.

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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