UPDATE 1-France's Arkema sees EU anti-trust fine Wednesday

Tue Nov 10, 2009 12:28pm EST
 
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* EU fine could be in excess of 100 mln euros Arkema says.

* Arkema says former parent Total to pay 90 pct of fine

* Akzo Nobel says has not been formally notified of decision

(Adds Akzo comment, details)

By Foo Yun Chee

BRUSSELS, Nov 10 (Reuters) - French specialty chemicals maker Arkema (AKE.PA) could be fined in excess of 100 million euros on charges of taking part in a cartel when EU anti-trust regulators rule on Wednesday, a company spokeswoman said.

The EU's executive Commission in March formally charged an unnamed number of companies with taking part in a cartel involving the supply of heat stabilisers, a substance added to PVC products to make them more resistant and rigid.

The charges followed raids on 14 companies in the Netherlands, France, Germany, Italy, Belgium and Britain in February 2003.

"Concerning the decision of the European Commission expected tomorrow on heat stabilizers ... if we do base on the past fines, it can be between the scope of a few million euros to more than 1 hundred million," Arkema spokeswoman Sybille Chaix said in an email referring to the expected fine.

Arkema, spun off from French oil company Total (TOTF.PA) in 2006, expects the fine to have a "very low" impact on its results, she added.

"According to the warranty agreed with Total... Total will pay 90 percent of the fine and Arkema 10 percent. Provisions are already booked for the 10 percent Arkema will have to pay," Chaix said.

Dutch chemicals group Akzo Nobel (AKZO.AS) said it has not been formally notified of any Commission decision.

Competition Commissioner Neelie Kroes, who has likened cartels to an evolving virus, has estimated the economic cost created by 18 cartels reviewed by the EU executive between 2005 and 2007 at 7.6 billion euros ($11.38 billion).

The Commission last year imposed a 1.38 billion euro fine, its biggest ever on a cartel, on a group of companies that were accused of taking part in a car glass cartel. (Reporting by Foo Yun Chee; editing by Elaine Hardcastle)