# C_2011348EN.01000701.xml

| 29.11.2011 | EN | Official Journal of the European Union | C 348/7 |
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29.11.2011

EN

Official Journal of the European Union

C 348/7

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 May 2010 concerning a draft decision relating to Case COMP/39.092 (1) — Bathroom fittings and fixtures

Rapporteur: France

2011/C 348/06

| 1. | 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 of the TFEU and Article 53 of the EEA Agreement. |
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1.

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 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the European Commission’s assessment of the products affected by the cartel. |
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2.

The Advisory Committee agrees with the European Commission’s assessment of the products affected by the cartel.

| 3. | The Advisory Committee agrees with the European Commission’s assessment of the geographic area affected by the cartel. |
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3.

The Advisory Committee agrees with the European Commission’s assessment of the geographic area affected by the cartel.

| 4. | The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practice in the concerned Member States of the EU were capable of having an appreciable effect upon trade between Member States. |
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4.

The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practice in the concerned Member States of the EU were capable of having an appreciable effect upon trade between Member States.

| 5a. | The Advisory Committee agrees with the European Commission’s assessment that the cartel constitutes a single and continuous infringement. |
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5a.

The Advisory Committee agrees with the European Commission’s assessment that the cartel constitutes a single and continuous infringement.

| 5b. | The Advisory Committee agrees with the European Commission’s assessment on the liability of each undertaking regarding the different geographic scopes of the single and continuous infringement. |
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5b.

The Advisory Committee agrees with the European Commission’s assessment on the liability of each undertaking regarding the different geographic scopes of the single and continuous infringement.

| 6. | The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement. |
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6.

The Advisory Committee agrees with the European Commission’s assessment on the duration of the infringement.

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

| 8. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable. |
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8.

The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable.

| 9. | The Advisory Committee agrees with the Commission that there are no attenuating circumstances applicable. |
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9.

The Advisory Committee agrees with the Commission that there are no attenuating circumstances applicable.

| 10. | The Advisory Committee agrees with the European Commission’s assessment of the applications made under the 2002 Leniency Notice. |
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10.

The Advisory Committee agrees with the European Commission’s assessment of the applications made under the 2002 Leniency Notice.

| 11. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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11.

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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