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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)

ECLI:EU:UNKNOWN:62005TA0168

62005TA0168

January 1, 2005
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Official Journal of the European Union

21.11.2009

(Case T-168/05)

(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.

*

Language of the case: French.

ECLI:EU:C:2009:171

* * *

(1) OJ C 171, of 9.7.2005.

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