# C_2011111EN.01001101.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 111/11 |
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9.4.2011

EN

Official Journal of the European Union

C 111/11

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 2 July 2010 regarding a draft decision relating to Case COMP/38.866 (1) — Animal feed phosphates

Rapporteur: Greece

2011/C 111/06

| 1. | The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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1.

The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decisions. |
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2.

The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decisions.

| 3. | The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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3.

The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU. |
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5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission's assessment on the duration of the infringement for each addressee. |
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6.

The Advisory Committee agrees with the Commission's assessment on the duration of the infringement for each addressee.

| 7. | The Advisory Committee agrees with the Commission's draft decisions as regards the addressees of the decisions, specifically with reference to imputation of liability to parent companies of the groups concerned. |
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7.

The Advisory Committee agrees with the Commission's draft decisions as regards the addressees of the decisions, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 8. | The Advisory Committee agrees with the application by the Commission of the procedure set out in Article 10a of Commission Regulation (EC) No 773/2004, as amended by Commission Regulation (EC) No 622/2008 of 30 June 2008, and the Settlement Notice regarding the conduct of settlement procedures in cartel cases. |
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8.

The Advisory Committee agrees with the application by the Commission of the procedure set out in Article 10a of Commission Regulation (EC) No 773/2004, as amended by Commission Regulation (EC) No 622/2008 of 30 June 2008, and the Settlement Notice regarding the conduct of settlement procedures in cartel cases.

| 9. | The Advisory Committee intends to ask the Commission to take into account all other points raised during the discussion. |
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9.

The Advisory Committee intends to ask the Commission to take into account all other points raised during the discussion.

| 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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