Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 18 July 2016 regarding a draft decision relating to Case AT.39824 — Trucks — Rapporteur: Latvia
Date: 2016-07-18
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, control of restrictive practices, inter-company agreement, large vehicle, price agreement, sanction (EU)








C_2017108EN.01000301.xml










6.4.2017   


EN


Official Journal of the European Union


C 108/3





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 18 July 2016 regarding a draft decision relating to Case AT.39824 — Trucks
Rapporteur: Latvia
(2017/C 108/03)






1.


The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes agreements and/or concerted practices between the relevant undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA.










2.


The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreements and/or concerted practices contained in the draft decision.










3.


The Advisory Committee agrees 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 EEA.










4.


The Advisory Committee agrees with the Commission that the object of the agreements and/or concerted practices for the infringement described in the draft decision was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.










5.


The Advisory Committee agrees with the Commission that the agreements and/or concerted practices described in the draft decision have been capable of appreciably affecting trade between the Member States of the EU.










6.


The Advisory Committee agrees with the Commission’s assessment as regards the duration for the infringement described in the draft decision.










7.


The Advisory Committee agrees with the Commission as regards the addressees of the draft decision.










8.


The Advisory Committee agrees with the Commission that fines should be imposed on the addressees of the draft decision.










9.


The Advisory Committee 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 Regulation (EC) No 1/2003 for the draft decision.










10.


The Advisory Committee agrees with the Commission as regards the determination of the value of sales used for the calculation of the fines imposed by the draft decision.










11.


The Advisory Committee agrees with the Commission on the basic amounts of the fines for the draft decision.










12.


The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines for the draft decision.










13.


The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable to the infringement.










14.


The Advisory Committee agrees with the Commission that there are no mitigating circumstances applicable to the infringement.










15.


The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice for the draft decision.










16.


The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice for the draft decision.










17.


The Advisory Committee agrees with the Commission on the final amounts of the fines for the draft decision.










18.


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