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Case T-217/06: Judgment of the General Court of 7 June 2011 — Arkema France and Others v Commission (Competition — Agreements, decisions and concerted practices — Market for methacrylates — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Imputability of the unlawful conduct — Obligation to state reasons — Principle of equal treatment — Principle of sound administration — Fines — Gravity of the infringement — Actual impact on the market — Deterrent effect of the fine — Repeat infringement — Ne bis in idem principle — Principle of proportionality — Attenuating circumstances — Actual non-application of the agreements — Attribution of liability for payment within a group of companies — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62006TA0217
62006TA0217
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16.7.2011
Official Journal of the European Union
C 211/22
(Case T-217/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Imputability of the unlawful conduct - Obligation to state reasons - Principle of equal treatment - Principle of sound administration - Fines - Gravity of the infringement - Actual impact on the market - Deterrent effect of the fine - Repeat infringement - Ne bis in idem principle - Principle of proportionality - Attenuating circumstances - Actual non-application of the agreements - Attribution of liability for payment within a group of companies - Unlimited jurisdiction)
2011/C 211/48
Language of the case: French
Parties
Applicants: Arkema France (Colombes, France), Altuglas International SA (Puteaux, France) and Altumax Europe SAS (Puteaux, France) (represented by: initially A. Winckler, S. Sorinas Jimeno and P. Geffriaud, subsequently S. Sorinas Jimeno and E. Jégou, lawyers)
Defendant: European Commission (represented by: initially F. Arbault and V. Bottka, subsequently V. Bottka and F. Castillo de la Torre, Agents)
Re:
By way of principal claim, application for annulment of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates) in so far as it concerns the applicants and, in the alternative, application for annulment or reduction of the fine imposed on the applicants by that decision.
Operative part of the judgment
The Court:
1.Reduces the fine for which Arkema SA (now Arkema France), Altuglas International SA and Altumax Europea SAS were held jointly and severally liable under Article 2(b) of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates) to EUR 113 343 750;
2.Dismisses the action as to the remainder.
Language of the case: French
* * *
(<span class="super">1</span>) OJ C 249, 14.10.2006.