Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission

(Case T-168/05) (1)

(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)  OJ C 171, of 9.7.2005.