CELEX: 62005TA0168
Language: en
Date: 2009-09-30 00:00:00
Title: 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)

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:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Arkema SA to pay the costs.
            
         
      (1)  OJ C 171, of 9.7.2005.