# C_2011098EN.01001301.xml

| 30.3.2011 | EN | Official Journal of the European Union | C 98/13 |
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30.3.2011

EN

Official Journal of the European Union

C 98/13

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 18 September 2009 regarding a draft decision relating to Case COMP/37.956 — Reinforcing bars, Re-adoption

Rapporteur: France

2011/C 98/04

| 1. | The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis. |
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1.

The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis.

| 2. | The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision. |
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2.

The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision.

| 3. | The Advisory Committee agrees with the European Commission on the applicability of Article 65(1) of the ECSC Treaty as substantive law despite its expiry. |
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3.

The Advisory Committee agrees with the European Commission on the applicability of Article 65(1) of the ECSC Treaty as substantive law despite its expiry.

| 4. | 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 65(1) of the ECSC Treaty. |
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4.

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 65(1) of the ECSC Treaty.

| 5. | The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision. |
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5.

The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision.

| 6. | The Advisory Committee agrees with the European Commission's finding that the limitation period has not expired. |
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6.

The Advisory Committee agrees with the European Commission's finding that the limitation period has not expired.

| 7. | The Advisory Committee agrees with the European Commission on the basic amounts of the fines. |
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7.

The Advisory Committee agrees with the European Commission on the basic amounts of the fines.

| 8. | The Advisory Committee agrees with the European Commission on the increase of the basic amount due to an aggravating circumstance. |
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8.

The Advisory Committee agrees with the European Commission on the increase of the basic amount due to an aggravating circumstance.

| 9. | The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases. |
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9.

The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases.

| 10. | The Advisory Committee agrees with the European Commission on the final amounts of the fines. |
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10.

The Advisory Committee agrees with the European Commission on the final amounts of the fines.

| 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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