CELEX: 62009CA0520
Language: en
Date: 2011-09-29 00:00:00
Title: 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)

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:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Arkema SA to pay the costs.
            
         
      (1)  OJ C 37, 13.2.2010.