Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 September 2019 regarding a preliminary draft decision relating to Case AT.40127 – Canned vegetables

Rapporteur: Ireland

(Text with EEA relevance)

(2020/C 434/06)

1. The Advisory Committee (7 Member States) agrees with the Commission that the anti-competitive behaviour covered by the draft Decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee (7 Member States) agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft Decision.

3. The Advisory Committee (7 Member States) agrees with the Commission that the undertakings concerned by the draft Decision participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement, as spelled out in the draft decision.

4. The Advisory Committee (7 Member States) 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 (7 Member States) agrees with the Commission that the agreement and/or concerted practice were capable of appreciably affecting trade between the Member States of the EU /Contracting Parties to the EEA Agreement.

6. The Advisory Committee (7 Member States) agrees with the Commission's assessment as regards the duration of the infringement.

7. The Advisory Committee (7 Member States) agrees with the Commission's draft Decision as regards the addressees.

8. The Advisory Committee (7 Member States) agrees with the Commission that a fine should be imposed on the addressees of the draft Decision for the infringement in which they were involved.

9. The Advisory Committee (7 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Council Regulation (EC) No 1/2003 (1).

10. The Advisory Committee (7 Member States) agrees with the Commission on the basic amounts of the fines.

11. The Advisory Committee (7 Member States) agrees with the determination of the duration for the purpose of calculating the fines.

12. The Advisory Committee (7 Member States) agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case to none of the addressees of the draft Decision.

13. The Advisory Committee (7 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

14. The Advisory Committee (7 Member States) agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

15. The Advisory Committee (7 Member States) agrees with the Commission as regards the application of point 35 of the 2006 Guidelines to one of the addressees.

16. The Advisory Committee (7 Member States) agrees with the Commission on the final amounts of the fines.

17. The Advisory Committee (7 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

(1) OJ L 1, 4.1,2003, p. 1.