# C_2011138EN.01001801.xml

| 7.5.2011 | EN | Official Journal of the European Union | C 138/18 |
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7.5.2011

EN

Official Journal of the European Union

C 138/18

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 10 June 2010 regarding a draft decision relating to Case COMP/36.212 — Carbonless paper (Bolloré readoption)

Rapporteur: Italy

2011/C 138/06

| 1. | The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis. |
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1.

The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis.

| 2. | The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision. |
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2.

The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision.

| 3. | The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision. |
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3.

The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision.

| 4. | The Advisory Committee agrees with the European Commission’s assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 TFEU and Article 53 EEA Agreement. |
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4.

The Advisory Committee agrees with the European Commission’s assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 TFEU and Article 53 EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission's finding of the duration of the cartel. |
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5.

The Advisory Committee agrees with the Commission's finding of the duration of the cartel.

| 6. | The Advisory Committee agrees with the Commission that Bolloré is liable both as parent company and for direct involvement. |
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6.

The Advisory Committee agrees with the Commission that Bolloré is liable both as parent company and for direct involvement.

| 7. | The Advisory Committee agrees with the European Commission’s finding that the limitation period has not expired. |
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7.

The Advisory Committee agrees with the European Commission’s finding that the limitation period has not expired.

| 8. | The Advisory Committee agrees that the readoption does not infringe basic principles, such as the non bis in idem principle or the principle that decisions are to be adopted in a reasonable time. |
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8.

The Advisory Committee agrees that the readoption does not infringe basic principles, such as the non bis in idem principle or the principle that decisions are to be adopted in a reasonable time.

non bis in idem

| 9. | The Advisory Committee agrees with the European Commission on the basic amount of the fine. |
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9.

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

| 10. | The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases. |
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10.

The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases.

| 11. | The Advisory Committee agrees with the European Commission on the final amount of the fine. |
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11.

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

| 12. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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12.

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

Journal of the European Union.

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