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Document 62005TA0168
Case T-168/05: Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission (Competition — Agreements, decisions and concerted practices — Market for Monochloroacetic acid — Decision finding an infringement of Article 81 EC — Market sharing and price fixing — Imputability of the unlawful conduct — Principle that penalties must fit the offence — Obligation to state the reasons on which the decision is based — Fines — Proportionality — Gravity and duration of the infringement — Deterrent effect — Actual impact on the market — Attenuating circumstances — Role of follower — Aggravating circumstances — Repeated infringement)
Case T-168/05: Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission (Competition — Agreements, decisions and concerted practices — Market for Monochloroacetic acid — Decision finding an infringement of Article 81 EC — Market sharing and price fixing — Imputability of the unlawful conduct — Principle that penalties must fit the offence — Obligation to state the reasons on which the decision is based — Fines — Proportionality — Gravity and duration of the infringement — Deterrent effect — Actual impact on the market — Attenuating circumstances — Role of follower — Aggravating circumstances — Repeated infringement)
Case T-168/05: Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission (Competition — Agreements, decisions and concerted practices — Market for Monochloroacetic acid — Decision finding an infringement of Article 81 EC — Market sharing and price fixing — Imputability of the unlawful conduct — Principle that penalties must fit the offence — Obligation to state the reasons on which the decision is based — Fines — Proportionality — Gravity and duration of the infringement — Deterrent effect — Actual impact on the market — Attenuating circumstances — Role of follower — Aggravating circumstances — Repeated infringement)
SL C 282, 21.11.2009, p. 35–35
(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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21.11.2009 |
EN |
Official Journal of the European Union |
C 282/35 |
Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission
(Case T-168/05) (1)
(Competition - Agreements, decisions and concerted practices - Market for Monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Imputability of the unlawful conduct - Principle that penalties must fit the offence - Obligation to state the reasons on which the decision is based - Fines - Proportionality - Gravity and duration of the infringement - Deterrent effect - Actual impact on the market - Attenuating circumstances - Role of follower - Aggravating circumstances - Repeated infringement)
2009/C 282/65
Language of the case: French
Parties
Applicant: Arkema SA (Paris, France) (represented by: M. Debroux, lawyer)
Defendant: Commission of the European Communities (represented: initially by A. Bouquet and F. Amato, then A. Bouquet and X. Lewis, Agents)
Re:
Primarily, annul Article 1(d), Article 2(c) and Article 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 No COMP/ E-1/37.773 — MCAA) and, in the alternative, request to amend Article 2 (c) and (d) of that decision.
Operative part of the judgment
The Court:
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1. |
Dismisses the action. |
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2. |
Orders Arkema SA to pay the costs. |