Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 1 July 2008 regarding a draft decision relating to Case COMP/39.125 — PO/Carglass (1) — Rapporteur: Lithuania
Date: 2009-07-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: access to information, advisory committee (EU), disclosure of information, glass, glass industry, motor vehicle industry, opinion (EU), restriction on competition, spare part








C_2009173EN.01001101.xml










25.7.2009   


EN


Official Journal of the European Union


C 173/11





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 1 July 2008 regarding a draft decision relating to Case COMP/39.125 — PO/Carglass (1)
Rapporteur: Lithuania
2009/C 173/07






1.


The Advisory Committee agree with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement.










2.


The Advisory Committee agree with the European Commission's assessment of the scope of the infringement corresponding, product-wide, to the supply of carglass parts to vehicle manufacturers.










3.


The Advisory Committee agree with the European Commission that the geographic scope of this case is the EEA, since the sales of carglass parts are supplied to car manufacturers in the EEA.










4.


The Advisory Committee agree with the European Commission's assessment of illicit behaviour, corresponding to agreements and/or concerted practices coordinating prices, supply strategies, sharing customers as well as monitoring and applying a compensation mechanism in order to maintain a certain market share stability.










5.


The Advisory Committee agree with the European Commission that the infringement began at the latest on 10 March 1998 and has lasted until at least 11 March 2003.










6.


The Advisory Committee agree with the European Commission that the exchanging of information between the relevant companies is inherent in the illicit practices and forms an integral part of them.










7.


The Advisory Committee agree with the European Commission that the object and effects of the mentioned illicit practices are restrictions of competition within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement and that they are able to distort competition.










8.


The Advisory Committee agree in particular with the European Commission's assessment that all the mentioned illicit practices form part of an overall scheme in pursuit of a single anti-competitive economic aim, and therefore constitutes a single, continuous and complex infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement.










9.


The Advisory Committee agree with the European Commission that Article 81(3) of the Treaty could not be applied in the present case.










10.


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










11.


The Advisory Committee agree with the European Commission that a fine should be imposed on the addressees of the draft decision.










12.


The majority of the Advisory Committee agree with the European Commission's reasoning on the basic amount of the fines as well as on the mitigating and aggravating circumstances. A minority abstains.










13.


The Advisory Committee agree with the European Commission as regards the application of the 2002 Commission notice on the non-imposition or reduction of fines, including the rejection of the immunity.










14.


The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union.














BELGIË/BELGIQUE




BULGARIA




ČESKÁ REPUBLIKA




DANMARK




DEUTSCHLAND





 


 


 


 


 




Mr Dirk VERTONGEN


 


 


 


Mr Tobias GLASS

















EESTI




ÉIRE-IRELAND




ELLADA




ESPAÑA




FRANCE





 


 


 


 


 




 


Mr. John BURKE


 


Mr. Oswaldo GARCIA-HERNAN.


Ms Catherine AMIEL

















ITALIA




KYPROS/KIBRIS




LATVIJA




LIETUVA




LUXEMBOURG





 


 


 


 


 




Mr Flavio PAPADIA


 


 


Ms Giedre JARMALYTE


 

















MAGYARORSZÁG




MALTA




NEDERLAND




ÖSTERREICH




POLSKA





 


 


 


 


 




 


 


Ms. HIJMANS


Mr KOPRIVNIKAR


 

















PORTUGAL




ROMANIA




SLOVENIJA




SLOVENSKO




SUOMI-FINLAND





 


 


 


 


 




 


 


 


 


Ms Pirjo ASPINEN














SVERIGE




UNITED KINGDOM





 


 




Mr. Peter DELDEN


Mr Terry BUTLER