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.