View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive practices and/or dominant positions of 17 March 2014 regarding a preliminary draft Commission decision in Case AT.39922 Bearings — Rapporteur: Slovakia
Date: 2014-03-17
Institutions: EFTA Surveillance Authority
Subjects: bearing, cartel, control of restrictive practices, fine, fixing of prices, infringement of EU law, motor vehicle industry, restriction on competition








C_2014238EN.01001301.xml










23.7.2014   


EN


Official Journal of the European Union


C 238/13





View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive practices and/or dominant positions of 17 March 2014 regarding a preliminary draft Commission decision in Case AT.39922 Bearings
Rapporteur: Slovakia
2014/C 238/10






1.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the anticompetitive 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 representatives of the EFTA States and the EFTA Surveillance Authority agree 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 representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.










4.


The representatives of the EFTA States and the EFTA Surveillance Authority agree 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 representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between the Member States of the EU.










6.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment as regards the duration of the infringement.










7.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s draft decision as regards the addressees.










8.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that a fine should be imposed on the addressees of the draft decision.










9.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.










10.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the basic amounts of the fines.










11.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the determination of the duration for the purpose of calculating the fines.










12.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that there are no aggravating circumstances applicable in this case.










13.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the mitigating circumstances applicable in this case.










14.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. 










15.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.










16.


The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the final amounts of the fines.










17.


The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its Opinion in the Official Journal of the European Union.