Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 19 February 2018 concerning the draft decision relating to Case AT.39920 — Braking Systems — Rapporteur: FINLAND
Date: 2018-02-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, European Economic Area, control of restrictive practices, exchange of information, motor car, price agreement, safety device, sanction (EU), trade information








C_2018143EN.01000201.xml










24.4.2018   


EN


Official Journal of the European Union


C 143/2





Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 19 February 2018 concerning the draft decision relating to Case AT.39920 — Braking Systems
Rapporteur: FINLAND
(2018/C 143/02)






1.


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










2.


The Advisory Committee agrees with the Commission’s assessment of the product and geographical scope for each of the two infringements contained in the draft decision.










3.


The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in one or both of the two single and continuous infringements of Article 101 TFEU and Article 53 EEA Agreement, as spelled out in the draft decision.










4.


The Advisory Committee agrees with the Commission that the object of the two infringements was to restrict competition within the meaning of Article 101 TFEU and Article 53 EEA Agreement.










5.


The Advisory Committee agrees with the Commission that the two infringements were 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 of the two infringements.










7.


The Advisory Committee agrees with the Commission’s draft decision as regards the addressees in respect of each of the two infringements.










8.


The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision for each of the two infringements in which they were involved.










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.










10.


The Advisory Committee agree with the Commission on the basic amounts of the fines.










11.


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










12.


The Advisory Committee agrees with the Commission that an uplift for recidivism should be applied to one undertaking concerned by the draft decision.










13.


The Advisory Committee agrees with the Commission that a multiplier for deterrence should be applied to two undertakings concerned by the draft decision.










14.


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










15.


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










16.


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










17.


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