Order of the Court (Seventh Chamber) of 13 September 2012 -- Total and
   Elf Aquitaine v Commission
   (Case C-495/11 P)

   Appeal -- Regulation (EC) No 1/2003 -- Competition -- Agreements,
   decisions and concerted practices -- Infringement of the principles of
   conferred powers and of proportionality -- Manifestly incorrect
   interpretation -- Infringement of the rights of the defence and of the
   principles of equity and of the equality of arms -- Duty to state
   reasons

   1.                     Appeals -- Grounds -- Requirement that criticism
   of the reasoning of the General Court be specific (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 14, 29, 72, 84)

   2.                     Competition -- European Union rules --
   Infringements -- Attribution -- Parent company and subsidiaries --
   Economic unit -- Criteria for assessment -- Presumption of a decisive
   influence exerted by the parent company over its wholly-owned
   subsidiaries -- Evidential obligations of the company seeking to rebut
   that presumption (Art. 101 TFEU) (see paras 26, 28, 31, 36, 42, 57)

   3.                     Acts of the institutions -- Grounds --
   Obligation -- Scope -- Decision imposing fines for the infringement of
   the competition rules and concerning a number or addressees --
   Attribution of the practices of a subsidiary to its parent company --
   Requirements of explicit grounds (Arts 101 TFEU and 296, second para.
   TFEU) (see paras 48-49, 51)

   4.                     Appeals -- Grounds -- Review by the Court of the
   assessment of the facts submitted to the General Court -- Possible only
   where the clear sense of the evidence has been distorted (Art. 256
   TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para.
   52)

   5.                     Competition -- Fines -- Amount --
   Determination -- Deterrent effect -- Taking account of the size and
   overall resources of the undertaking on which the fine was imposed
   (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23) (see para. 80)

   Re:

   Appeal brought against the judgment of the General Court (Sixth
   Chamber, Extended Composition) of 14 July 2011 in Case T-190/06 Total
   and Elf Aquitaine v Commission by which that Court dismissed the action
   for partial annulment of Commission Decision C(2006) 1766 final of
   3 May 2006 relating to a proceeding under Article 81 [EC] and
   Article 53 of the EEA Agreement (Case COMP/F/38.620 -- Hydrogen
   peroxide and perborate) -- Competition -- Agreements, decisions and
   concerted practices -- Infringement of the principles of conferred
   powers and of proportionality -- Manifestly incorrect interpretation --
   Infringement of the rights of the defence and of the principles of
   equity and of the equality of arms -- Duty to state reasons.

   Operative part

   1.

   The appeal is dismissed.

   2.

   Total SA and Elf Aquitaine SA are ordered to pay the costs.