(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

4. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules (Arts 81 EC, 82 EC and 253 EC) (see paras 121, 127)

7. Competition – Fines – Amount – Determination – Criteria – Duration of the infringement – Increase in the starting amount of the fine – Taking into account of variations in the intensity of the infringement – Not included (Council Regulations Nos 17, Art. 15(2), and 1/2003, Art. 23(3); Commission Communication 98/C 9/03, Section 1B) (see paras 187-189)

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

The Court:

1.Dismisses the action;

2.Orders Arkema SA to pay the costs.