Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 17 January 2019 concerning a draft decision in Case AT.40049 — Mastercard II — Rapporteur: Malta (Text with EEA relevance.)
Date: 2019-01-17
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, European Economic Area, bank charges, control of restrictive practices, electronic money, restriction on competition, restrictive trade practice, sanction (EU)








C_2019185EN.01000701.xml










29.5.2019   


EN


Official Journal of the European Union


C 185/7






Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 17 January 2019 concerning a draft decision in Case AT.40049 — Mastercard II
Rapporteur: Malta
(Text with EEA relevance)
(2019/C 185/05)

1.   

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision amounted to a decision by an association of undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.



2.   

The Advisory Committee agrees with the Commission that the decision by the association of undertakings infringes Article 101 of the TFEU and Article 53 of the EEA Agreement.



3.   

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



4.   

The Advisory Committee agrees with the Commission that the decision by the association of undertakings has been capable of appreciably restricting competition.



5.   

The Advisory Committee agrees with the Commission that the decision by the association of undertakings was not objectively necessary.



6.   

The Advisory Committee agrees with the Commission that the decision by the association of undertakings has been capable of appreciably affecting trade between the Member States of the EU and EEA.



7.   

The Advisory Committee agrees that the decision by the association of undertakings does not meet the conditions for an exemption under Article 101(3) TFEU.



8.   

The Advisory Committee agrees with the Commission as regards the duration of the infringement.



9.   

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



10.   

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



11.   

The Advisory Committee agrees with the Commission on the basic amount of the fine.



12.   

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



13.   

The Advisory Committee agrees with the Commission that there are aggravating circumstances applicable in this case (i.e. recidivism).



14.   

The Advisory Committee agrees with the Commission on the reduction of the fine for cooperation based on point 37 of the 2006 Guidelines on Fines.



15.   

The Advisory Committee agrees with the Commission on the final amount of the fine.



16.   

The Advisory Committee agrees with the Commission as regards the reference to Article 23(4) of Regulation (EC) No 1/2003.



17.   

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