# C_2011285EN.01001601.xml

| 29.9.2011 | EN | Official Journal of the European Union | C 285/16 |
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29.9.2011

EN

Official Journal of the European Union

C 285/16

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Opinion of the Advisory Committee on restrictive practices and dominant positions of 1 July 2010 regarding a draft decision relating to Case 34250 — Norway Post/Privpak

2011/C 285/10

| 1. | The Advisory Committee agrees with the EFTA Surveillance Authority’s definition of the relevant product market. |
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1.

The Advisory Committee agrees with the EFTA Surveillance Authority’s definition of the relevant product market.

| 2. | The Advisory Committee agrees with the EFTA Surveillance Authority that the geographic scope of the relevant market is confined to Norway. |
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2.

The Advisory Committee agrees with the EFTA Surveillance Authority that the geographic scope of the relevant market is confined to Norway.

| 3. | The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post enjoyed a dominant position in the relevant market. |
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3.

The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post enjoyed a dominant position in the relevant market.

| 4. | The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post abused its dominant position in the market by:






  — | concluding and maintaining agreements with NorgesGruppen/Shell and agreements with individual outlets within these groups, providing group and outlet exclusivity in favour of Norway Post, |
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4.

The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post abused its dominant position in the market by:

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concluding and maintaining agreements with NorgesGruppen/Shell and agreements with individual outlets within these groups, providing group and outlet exclusivity in favour of Norway Post,

| — | concluding and maintaining agreements with COOP and with individual outlets within COOP, providing outlet exclusivity in favour of Norway Post, |
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concluding and maintaining agreements with COOP and with individual outlets within COOP, providing outlet exclusivity in favour of Norway Post,

| — | concluding and maintaining agreements with ICA and agreements with individual outlets within ICA, providing outlet exclusivity in favour of Norway Post, and |
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concluding and maintaining agreements with ICA and agreements with individual outlets within ICA, providing outlet exclusivity in favour of Norway Post, and

| — | pursuing a renegotiation strategy which reduced COOP’s and ICA’s willingness to negotiate and conclude agreements for the provision of over-the-counter delivery of B-to-C parcels to competitors of Norway Post. |
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pursuing a renegotiation strategy which reduced COOP’s and ICA’s willingness to negotiate and conclude agreements for the provision of over-the-counter delivery of B-to-C parcels to competitors of Norway Post.

| 5. | The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post’s abusive practices may affect trade between the contracting parties to the EEA within the meaning of Article 54 of the EEA Agreement. |
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5.

The Advisory Committee agrees with the EFTA Surveillance Authority that Norway Post’s abusive practices may affect trade between the contracting parties to the EEA within the meaning of Article 54 of the EEA Agreement.

| 6. | The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on Norway Post. |
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6.

The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on Norway Post.

| 7. | The Advisory Committee agrees with the EFTA Surveillance Authority that for the purposes of the calculation of the fine the duration of Norway Post’s infringement is five years and six months. |
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7.

The Advisory Committee agrees with the EFTA Surveillance Authority that for the purposes of the calculation of the fine the duration of Norway Post’s infringement is five years and six months.

| 8. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union and the EEA Supplement. |
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8.

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

Official Journal of the European Union

| 9. | The Advisory Committee requests the EFTA Surveillance Authority to take utmost account of all points raised during the consultation. |
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9.

The Advisory Committee requests the EFTA Surveillance Authority to take utmost account of all points raised during the consultation.

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