Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.#Arkema SA v Commission of the European Communities.#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.#Case T-168/05.

ECLI:EU:T:2009:367Eu Chamb 07 TSep 30, 2009

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Subject of the case
Operative part

Subject of the case

Re:

APPLICATION for, primarily, annulment of 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

Operative part

The Court:

1. Dismisses the action;

2. Orders Arkema SA to pay the costs.

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