Judgment — ECLI:EU:T:2009:367
Date: 2009-09-30
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices
Concepts: Statement of reasons;Determining the amount of the fine;Definition of undertaking
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded
Origin: France

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) 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: Dismisses the action. Orders Arkema SA to pay the costs. ____________ 1 - OJ C 171, of 9.7.2005.