CELEX: 62005TJ0174
Language: en
Date: 2009-09-30 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009. # Elf Aquitaine SA v Commission of the European Communities. # Competition - Agreements, decisions and concerted practices - Monochloroacetic acid market - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Rights of the defence - Obligation to state the reasons on which the decision is based - Imputability of the infringement - Principle that penalties must fit the offence - Principle that penalties must have a proper legal basis - Presumption of innocence - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines. # Case T-174/05.

Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – Elf Aquitaine v Commission
      (Case T-174/05)
      Competition – Agreements, decisions and concerted practices – Monochloroacetic acid market – Decision finding an infringement of Article 81 EC – Market sharing and price fixing – Rights of the defence – Obligation to state the reasons on which the decision is based – Imputability of the infringement – Principle that penalties must fit the offence – Principle that penalties must have a proper legal basis – Presumption of innocence – Principle of sound administration – Principle of legal certainty – Misuse of powers – Fines
      1.                     Competition – Administrative procedure – Statement of objections – Necessary content – Observance of the rights of the defence
            (Council Regulation No 1/2003, Arts 23 and 27(1)) (see paras 55-56, 70-71, 196-198)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Decision relating
            to several addressees (Arts 81 EC, 82 EC and 253 EC) (see paras 79-80)
      3.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – No discretion of the Commission
            (Arts 81 EC and 82 EC) (see paras 106-108, 225-227)
      4.                     Competition – Agreements, decisions and concerted practices – Undertaking – Concept – Economic unit – Attribution of infringements
            – Parent company and subsidiaries – Joint and several liability of the companies concerned (Art. 81(1) EC) (see paras 121-124,
            184-187, 192-194)
      5.                     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 – Applicability
            of the presumption where the parent company holds nearly all the capital of the subsidiary (Arts 81 EC and 82 EC) (see paras
            125, 151-156, 160, 172-173)
      Re:
      
         
               APPLICATION for, principally, annulment of Articles 1(d), 2(c), 3 and 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 COMP/E-1/37.773
                  – MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative,
                  application for variation of the said Article 2(c).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Elf Aquitaine SA to pay the costs.