Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 1 March 2019 regarding a preliminary draft decision relating to Case AT.40481 — Occupants Safety Systems (II) supplied to the Volkswagen Group and the BMW Group — Rapporteur: Portugal (Text with EEA relevance.)
Date: 2019-03-01
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, European Economic Area, Portugal, control of restrictive practices, motor vehicle industry, restriction on competition, safety device, sanction (EU), trade information, transport safety








C_2019199EN.01000201.xml










14.6.2019   


EN


Official Journal of the European Union


C 199/2






Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 1 March 2019 regarding a preliminary draft decision relating to Case AT.40481 — Occupants Safety Systems (II) supplied to the Volkswagen Group and the BMW Group
Rapporteur: Portugal
(Text with EEA relevance)
(2019/C 199/02)

1.   

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between 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 agreement 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 participated in the two single and continuous infringements of Article 101 of the TFUE and Article 53 of the EEA Agreement, as spelled out in the draft decision.



4.   

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



5.   

The Advisory Committee agrees with the Commission that the two agreements and/or concerted practices 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 agrees 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 there are no aggravating and no mitigating circumstances applicable in this case.



13.   

The Advisory Committee agrees with the Commission as regards the application of point 37 of the 2006 Guidelines on Fines.



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.