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Document 62005TJ0175
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009. # Akzo Nobel NV and Others v Commission of the European Communities. # Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Action for annulment - Admissibility - Market sharing and price fixing - Attributability of the infringement - Fines - Obligation to state the reasons on which the decision is based - Gravity and duration of the infringement - Deterrent effect. # Case T-175/05.
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.
Akzo Nobel NV and Others v Commission of the European Communities.
Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Action for annulment - Admissibility - Market sharing and price fixing - Attributability of the infringement - Fines - Obligation to state the reasons on which the decision is based - Gravity and duration of the infringement - Deterrent effect.
Case T-175/05.
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.
Akzo Nobel NV and Others v Commission of the European Communities.
Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Action for annulment - Admissibility - Market sharing and price fixing - Attributability of the infringement - Fines - Obligation to state the reasons on which the decision is based - Gravity and duration of the infringement - Deterrent effect.
Case T-175/05.
Izvješća Suda EU-a 2009 II-00184*
ECLI identifier: ECLI:EU:T:2009:369
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – Akzo Nobel and Others v Commission
(Case T-175/05)
Competition – Agreements, decisions and concerted practices – Market for monochloroacetic acid – Decision finding an infringement of Article 81 EC – Action for annulment – Admissibility – Market sharing and price fixing – Attributability of the infringement – Fines – Obligation to state the reasons on which the decision is based – Gravity and duration of the infringement – Deterrent effect
1. Actions for annulment – Community law – Action brought by several companies in a group against a Commission decision fining them jointly and severally – Action admissible in relation to some of those entities – No need to adjudicate on a plea of inadmissibility raised against certain others not capable of benefiting from a possible annulment(Art. 230 EC) (see paras 46-47)
2. 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 (Arts 81 EC and 82 EC) (see paras 91-93, 96)
3. Competition – Fines – Amount – Determination – Maximum amount – Calculation – Turnover to be taken into consideration – Cumulative turnover of all the companies constituting the economic unit acting as an undertaking (Art. 81 EC; Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23) (see paras 114, 132-133)
4. Competition – Fines – Amount – Determination – Turnover taken into consideration – Reference year – Last full year of the infringement(Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23) (see paras 142-143)
5. Competition – Fines – Amount – Determination – Deterrent effect – Account taken of the size and global resources of the fined undertaking (Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23; Commission Communication 98/C 9/03, Section 1A) (see paras 154-155)
Re:
APPLICATION, principally, for annulment 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) and, in the alternative, reduction of the fine imposed on the applicants. |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel AB, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV, Akzo Nobel Base Chemicals AB and Eka Chemicals AB to pay the costs. |