Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 15 June 2015 concerning a preliminary draft decision relating to the Case AT.39563(1) — Retail Food Packaging — Rapporteur: Netherlands
Date: 2015-06-15
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: cartel, fine, foodstuff, infringement of EU law, international cartel, market-sharing agreement, packaging product, price agreement, retail selling








C_2015402EN.01000401.xml










4.12.2015   


EN


Official Journal of the European Union


C 402/4





Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 15 June 2015 concerning a preliminary draft decision relating to the Case AT.39563(1) — Retail Food Packaging
Rapporteur: Netherlands
(2015/C 402/05)






1.


The Advisory Committee agrees with the Commission that the anticompetitive conducts in the five cartels covered by the draft decision constitute agreements and/or concerted practices between undertakings within the meaning of Article 101 TFEU (and also within the meaning of Article 53(1) of the EEA Agreement in relation to the cartel in North West Europe (‘NWE’)).










2.


The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreements and/or concerted practices with respect to the five cartels.










3.


The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in separate single and continuous infringements, concerning foam polystyrene plastic trays and, only in relation to NWE also rigid polypropylene plastic trays, within the meaning of Article 101 TFEU (and also within the meaning of Article 53(1) of the EEA Agreement in relation to NWE).










4.


The Advisory Committee agrees with the Commission that the agreements and/or concerted practices in the five cartels have as their object the restriction of competition within the meaning of Article 101 TFEU (and also within the meaning of Article 53(1) of the EEA Agreement in relation to NWE).










5.


The Advisory Committee agrees with the Commission that the agreements and/or concerted practices in the five separate cartels have been capable of appreciably affecting trade between the Member States of the EU and the contracting parties to the EEA Agreement (in relation to NWE).










6.


The Advisory Committee agrees with the Commission that the Commission has territorial jurisdiction to apply Article 101 TFEU (and Article 53(1) of the EEA Agreement in relation to NWE).










7.


The Advisory Committee agrees with the Commission’s assessment of the duration of the infringements with respect to the five separate cartels.










8.


The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision with respect to the five separate cartels.










9.


The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision with respect to the five separate cartels.










10.


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