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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)
ECLI:EU:UNKNOWN:62009CA0520
62009CA0520
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19.11.2011
Official Journal of the European Union
C 340/2
(Case C-520/09 P) (<span class="super">1</span>)
(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.
*
Language of the case: French.
ECLI:EU:C:2011:140