# C_2011324EN.01000301.xml

| 9.11.2011 | EN | Official Journal of the European Union | C 324/3 |
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9.11.2011

EN

Official Journal of the European Union

C 324/3

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 10 June 2011 regarding a draft decision relating to Case COMP/39.525 (1) — Telekomunikacja Polska

Rapporteur: Belgium

2011/C 324/04

| 1. | The Advisory Committee agrees with the European Commission's definition of the relevant product market as encompassing:






  — | the wholesale market for bitstream access (BSA), |
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1.

The Advisory Committee agrees with the European Commission's definition of the relevant product market as encompassing:

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the wholesale market for bitstream access (BSA),

| — | the wholesale market for local loop unbundling (LLU), and |
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the wholesale market for local loop unbundling (LLU), and

| — | the retail market, which comprises all standard broadband products offered at a fixed location. |
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the retail market, which comprises all standard broadband products offered at a fixed location.

| 2. | The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Poland. |
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2.

The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Poland.

| 3. | The Advisory Committee agrees with the Commission that, at least between August 2005 and October 2009, Telekomunikacja Polska held a dominant position in the market. |
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3.

The Advisory Committee agrees with the Commission that, at least between August 2005 and October 2009, Telekomunikacja Polska held a dominant position in the market.

| 4. | The Advisory Committee agrees with the Commission that Telekomunikacja Polska abused its dominant position on the relevant market by refusing to supply its wholesale products to alternative operators. |
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4.

The Advisory Committee agrees with the Commission that Telekomunikacja Polska abused its dominant position on the relevant market by refusing to supply its wholesale products to alternative operators.

| 5. | The Advisory Committee agrees that Telekomunikacja Polska's abusive practices may affect trade between Member States within the meaning of Article 102 of the TFEU. |
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5.

The Advisory Committee agrees that Telekomunikacja Polska's abusive practices may affect trade between Member States within the meaning of Article 102 of the TFEU.

| 6. | The Advisory Committee agrees with the Commission that a fine should be imposed on Telekomunikacja Polska. |
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6.

The Advisory Committee agrees with the Commission that a fine should be imposed on Telekomunikacja Polska.

| 7. | The Advisory Committee agrees with the Commission that for the purposes of the calculation of the fine, the duration of Telekomunikacja Polska's infringement is four years and two months. |
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7.

The Advisory Committee agrees with the Commission that for the purposes of the calculation of the fine, the duration of Telekomunikacja Polska's infringement is four years and two months.

| 8. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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8.

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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