CELEX: 62005TA0161
Language: en
Date: 2009-09-30 00:00:00
Title: Case T-161/05: Judgment of the Court of First Instance of 30 September 2009 — Hoechst 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 — Attributability of the infringement — Fines — Proportionality — Cooperation — Aggravating circumstances — Repeated infringement — Access to the file — Report of the Hearing Officer — Order to bring the infringement to an end)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/35
            
         Judgment of the Court of First Instance of 30 September 2009 — Hoechst v Commission
   (Case T-161/05) (1)
   
   (Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price-fixing - Attributability of the infringement - Fines - Proportionality - Cooperation - Aggravating circumstances - Repeated infringement - Access to the file - Report of the Hearing Officer - Order to bring the infringement to an end)
   2009/C 282/64
   Language of the case: German
   
      Parties
   
   
      Applicant: Hoechst GmbH, formerly Hoechst AG (Frankfurt am Main, Germany) (represented initially by M. Klusmann and U. Itzen, and subsequently by M. Klusmann, U. Itzen and S. Thomas, lawyers)
   
      Defendant: Commission of the European Communities (represented initially by A. Bouquet, F. Amato and M. Schneider, and subsequently by A. Bouquet and M. Kellerbauer, Agents)
   
      Re:
   
   Application, principally, for annulment of Articles 2 and 3 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, application for reduction of the fine imposed on the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets the amount of the fine imposed on Hoechst AG in Article 2(b) 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) at EUR 66 627 million;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 155, 25.6.2005.