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Document 62005TJ0174
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 — Elf Aquitaine v Commission
(Case T-174/05)
‛Competition — Agreements, decisions and concerted practices — Monochloroacetic acid market — Decision finding an infringement of Article 81 EC — Market sharing and price fixing — Rights of the defence — Obligation to state the reasons on which the decision is based — Imputability of the infringement — Principle that penalties must fit the offence — Principle that penalties must have a proper legal basis — Presumption of innocence — Principle of sound administration — Principle of legal certainty — Misuse of powers — Fines’
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Competition — Administrative procedure — Statement of objections — Necessary content — Observance of the rights of the defence (Council Regulation No 1/2003, Arts 23 and 27(1)) (see paras 55, 56, 70, 71, 196-198) |
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Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to apply competition rules — Decision relating to several addressees (Arts 81 EC, 82 EC and 253 EC) (see paras 79, 80) |
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Competition — Community rules — Infringements — Attribution — Parent company and subsidiaries — No discretion of the Commission (Arts 81 EC and 82 EC) (see paras 106-108, 225-227) |
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Competition — Agreements, decisions and concerted practices — Undertaking — Concept — Economic unit — Attribution of infringements — Parent company and subsidiaries — Joint and several liability of the companies concerned (Art. 81(1) EC) (see paras 121-124, 184-187, 192-194) |
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Competition — Community rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Obligation of the parent company to rebut the presumption that management power was actually exercised over its subsidiary — Applicability of the presumption where the parent company holds nearly all the capital of the subsidiary (Arts 81 EC and 82 EC) (see paras 125, 151-156, 160, 172, 173) |
Re:
APPLICATION for, principally, annulment of Articles 1(d), 2(c), 3 and 4(9) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative, application for variation of the said Article 2(c).
Operative part
The Court:
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Dismisses the action; |
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Orders Elf Aquitaine SA to pay the costs. |