Competition Agreements, decisions and concerted practices Decision finding an infringement of Article 81 EC Fines Rights of the defence Principle of sound administration Presumption of innocence Obligation to state the reasons on which the decision is based Monochloroacetic acid market Market sharing and price fixing Imputability of the infringement Principle that penalties must fit the offence Principle that penalties must have a proper legal basis Principle of legal certainty Misuse of powers
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.
Elf Aquitaine SA v Commission of the European Communities.
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.
Case T-174/05.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – Elf Aquitaine v Commission
(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
1. Competition – Administrative procedure – Statement of objections – Necessary content – Observance of the rights of the defence (Council Regulation No 1/2003, Arts 23 and 27(1)) (see paras 55-56, 70-71, 196-198)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Decision relating to several addressees (Arts 81 EC, 82 EC and 253 EC) (see paras 79-80)
3. Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – No discretion of the Commission (Arts 81 EC and 82 EC) (see paras 106-108, 225-227)
4. Competition – Agreements, decisions and concerted practices – Undertaking – Concept – Economic unit – Attribution of infringements – Parent company and subsidiaries – Joint and several liability of the companies concerned (Art. 81(1) EC) (see paras 121-124, 184-187, 192-194)
5. Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries – Obligation of the parent company to rebut the presumption that management power was actually exercised over its subsidiary – Applicability of the presumption where the parent company holds nearly all the capital of the subsidiary (Arts 81 EC and 82 EC) (see paras 125, 151-156, 160, 172-173)
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. |