(Case T-174/05)

Competition – Agreements, decisions and concerted practices – Monochloroacetic acid market – Decision finding an infringement of Article 81 EC – Market sharing and price fixing – Rights of the defence – Obligation to state the reasons on which the decision is based – Imputability of the infringement – Principle that penalties must fit the offence – Principle that penalties must have a proper legal basis – Presumption of innocence – Principle of sound administration – Principle of legal certainty – Misuse of powers – Fines

Re:

APPLICATION for, principally, annulment of Articles 1(d), 2(c), 3 and 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 COMP/E-1/37.773 – MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative, application for variation of the said Article 2(c).

Operative part

The Court:

1.Dismisses the action;

2.Orders Elf Aquitaine SA to pay the costs.