7.5.2011 |
EN |
Official Journal of the European Union |
C 138/18 |
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 10 June 2010 regarding a draft decision relating to Case COMP/36.212 — Carbonless paper (Bolloré readoption)
Rapporteur: Italy
2011/C 138/06
1. |
The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis. |
2. |
The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision. |
3. |
The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision. |
4. |
The Advisory Committee agrees with the European Commission’s assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 TFEU and Article 53 EEA Agreement. |
5. |
The Advisory Committee agrees with the Commission's finding of the duration of the cartel. |
6. |
The Advisory Committee agrees with the Commission that Bolloré is liable both as parent company and for direct involvement. |
7. |
The Advisory Committee agrees with the European Commission’s finding that the limitation period has not expired. |
8. |
The Advisory Committee agrees that the readoption does not infringe basic principles, such as the non bis in idem principle or the principle that decisions are to be adopted in a reasonable time. |
9. |
The Advisory Committee agrees with the European Commission on the basic amount of the fine. |
10. |
The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases. |
11. |
The Advisory Committee agrees with the European Commission on the final amount of the fine. |
12. |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |