# C_2011092EN.01001201.xml

| 24.3.2011 | EN | Official Journal of the European Union | C 92/12 |
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24.3.2011

EN

Official Journal of the European Union

C 92/12

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP

Rapporteur: Sweden

2011/C 92/08

| 1. | The Advisory Committee agrees with the Commission that members of the Ordre National des Pharmaciens (ONP) practising as a liberal profession are undertakings involved in economic activities. |
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1.

The Advisory Committee agrees with the Commission that members of the Ordre National des Pharmaciens (ONP) practising as a liberal profession are undertakings involved in economic activities.

| 2. | The Advisory Committee agrees with the Commission that the ONP is an association of undertakings. |
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2.

The Advisory Committee agrees with the Commission that the ONP is an association of undertakings.

| 3. | The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions taken by an association of undertakings. |
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3.

The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions taken by an association of undertakings.

| 4. | The Advisory Committee agrees with the Commission that the decisions of the ONP under investigation are not an instance of the exercise of delegated public powers. |
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4.

The Advisory Committee agrees with the Commission that the decisions of the ONP under investigation are not an instance of the exercise of delegated public powers.

| 5. | The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions of an association of undertakings within the meaning of Article 101 of the TFEU. |
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5.

The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions of an association of undertakings within the meaning of Article 101 of the TFEU.

| 6. | The Advisory Committee agrees with the Commission that trade between Member States is affected by the decisions of the ONP. |
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6.

The Advisory Committee agrees with the Commission that trade between Member States is affected by the decisions of the ONP.

| 7. | The Advisory Committee agrees with the Commission that the decisions of ONP constitute a single and continuous infringement of Article 101 of the TFEU. |
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7.

The Advisory Committee agrees with the Commission that the decisions of ONP constitute a single and continuous infringement of Article 101 of the TFEU.

| 8. | The Advisory Committee agrees with the Commission that there are no grounds for an exemption within the meaning of Article 101(3) of the TFEU. |
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8.

The Advisory Committee agrees with the Commission that there are no grounds for an exemption within the meaning of Article 101(3) of the TFEU.

| 9. | The Advisory Committee agrees with the Commission that the three addressees (1) of the draft decision can be held jointly liable for the behaviour which is the subject of the investigation. |
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9.

The Advisory Committee agrees with the Commission that the three addressees (1) of the draft decision can be held jointly liable for the behaviour which is the subject of the investigation.

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| 10. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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10.

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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(1)  Ordre national des pharmaciens, Conseil national de l’Ordre des Pharmaciens, Conseil central de la Section G de l’Ordre des Pharmaciens.

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