This document is an excerpt from the EUR-Lex website
Document 62009CA0520
Case C-520/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — European market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Obligation to state reasons)
Case C-520/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — European market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Obligation to state reasons)
Case C-520/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — European market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Obligation to state reasons)
OJ C 340, 19.11.2011, p. 2–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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19.11.2011 |
EN |
Official Journal of the European Union |
C 340/2 |
Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission
(Case C-520/09 P) (1)
(Appeal - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - European market for monochloroacetic acid - Rules on imputing a subsidiary’s anti-competitive practices to its parent company - Presumption of the actual exercise of a decisive influence - Obligation to state reasons)
2011/C 340/02
Language of the case: French
Parties
Appellant: Arkema SA (represented by: M. Debroux, avocat)
Other party to the proceedings: European Commission (represented by: A. Bouquet and F. Castillo de la Torre, Agents)
Re:
Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 in Case T-168/05 Arkema v Commission, by which the Court dismissed Arkema’s application for annulment of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement concerning an agreement in the market for monochloroacetic acid and, in the alternative, for a reduction in the amount of the fine imposed on it — Failure to comply with the rules on imputing a subsidiary’s anti-competitive practices to its parent company — Infringements of the principle of equal treatment and the right to a fair hearing — Failure to have regard to the scope of the guidelines on the method of setting fines
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Arkema SA to pay the costs. |