# C_2017396EN.01000401.xml

| 23.11.2017 | EN | Official Journal of the European Union | C 396/4 |
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23.11.2017

EN

Official Journal of the European Union

C 396/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 6 February 2017 regarding a draft decision relating to Case AT.40018(2) — Car battery recycling

Rapporteur: Germany

(2017/C 396/04)

| 1. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
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1.

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

| 2. | 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. |
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2.

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.

| 3. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
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3.

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

| 4. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fine. |
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4.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fine.

| 5. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case. |
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5.

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

| 6. | The Advisory Committee agrees with the Commission that there are mitigating circumstances applicable in this case to one undertaking. |
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6.

The Advisory Committee agrees with the Commission that there are mitigating circumstances applicable in this case to one undertaking.

| 7. | The Advisory Committee agrees with the Commission that an increase pursuant to Point 37 of the Fining Guidelines should be applied in this case. |
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7.

The Advisory Committee agrees with the Commission that an increase pursuant to Point 37 of the Fining Guidelines should be applied in this case.

| 8. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
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8.

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

| 9. | The Advisory Committee agrees with the Commission’s assessment of the Inability to Pay request. |
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9.

The Advisory Committee agrees with the Commission’s assessment of the Inability to Pay request.

| 10. | The Advisory Committee agrees with the Commission on the final amount of the fine. |
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10.

The Advisory Committee agrees with the Commission on the final amount of the fine.

| 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

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