Order of the Court (Seventh Chamber) of 2 February 2012 -- Elf
   Aquitaine v Commission

   (Case C-404/11 P)

   Appeal -- Regulation (EC) No 1/2003 -- Competition -- Cartel -- Sodium
   chlorate market -- Concept of an `undertaking' -- Presumption of
   decisive influence -- Scope of that presumption -- Factors not capable
   of rebutting the presumption -- Personal fine -- Unlimited jurisdiction

   1.                     Appeals -- Grounds -- Specific criticism of a
   point of the General Court's reasoning necessary (Art. 256 TFEU;
   Statute of the Court of Justice, Art. 58; Rules of Procedure of the
   Court of Justice, Art. 112(1)(c)) (see paras 15, 29, 64, 76, 78, 82)

   2.                     Competition -- Union rules -- Infringements --
   Attribution -- Parent company and subsidiaries -- Economic unit --
   Criteria for assessment -- Presumption that a parent company wields
   decisive influence over its wholly-owned subsidiaries (Art. 101 TFEU;
   Council Regulation No 1/2003, Art. 23(2)) (see paras 23, 26, 28, 31,
   36, 45-47, 57)

   3.                     Appeals -- Grounds -- Plea submitted for the
   first time in the context of the appeal -- Inadmissibility (Rules of
   Procedure of the Court of Justice, Art. 113(2)) (see paras 33, 64, 72)

   4.                     Competition -- Fines -- Amount --
   Determination -- Deterrent effect of the fine -- Necessary to fix an
   amount greater than the profit made from the infringement and to take
   into consideration the undertaking's power (Art. 101 TFEU; Council
   Regulation No 1/2003, Art. 23; Commission communication 2006/C 210/02,
   para. 30) (see para. 86)

   5.                     Appeals -- Jurisdiction of the Court --
   Challenge on grounds of fairness to the General Court's assessment
   concerning the amount of a fine imposed on an undertaking -- Excluded
   (Art. 101 TFEU; Statute of the Court of Justice, Art. 58; Council
   Regulation No 1/2003, Art. 23) (see para. 90)

   Re:

   Appeal brought against the judgment of the General Court (Second
   Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission ,
   by which that court dismissed the action brought by the applicant for
   annulment of Commission Decision C(2008) 2626 final of 11 June 2008
   relating to a proceeding under Article 81 of the EC Treaty and
   Article 53 of the EEA Agreement (Case COMP/38.695 -- Sodium
   chlorate) -- Competition -- Cartel -- Infringement of the principle
   that the institutions must act within the limits of their powers and of
   the principle of proportionality -- Manifestly erroneous
   interpretation -- Infringement of the rights of the defence and of the
   principles of equity and of equality of arms -- Duty to state
   reasons -- Illegality of the personal fine.

   Operative part

   1.

   The appeal is dismissed.

   2.

   Elf Aquitaine SA is ordered to pay the costs.