This document is an excerpt from the EUR-Lex website
Document 62016TA0433
Case T-433/16: Judgment of the General Court of 28 March 2019 — Pometon v Commission (Competition — Agreements and concerted practices — European steel abrasives market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Chronologically staggered ‘hybrid’ procedure — Presumption of innocence — Principle of impartiality — Charter of Fundamental Rights — Evidence of the infringement — Single and continuous infringement — Restriction of competition ‘by object’ — Duration of the infringement — Fine — Exceptional adjustment of the basic amount — Obligation to state reasons — Proportionality — Equal treatment — Unlimited jurisdiction)
Case T-433/16: Judgment of the General Court of 28 March 2019 — Pometon v Commission (Competition — Agreements and concerted practices — European steel abrasives market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Chronologically staggered ‘hybrid’ procedure — Presumption of innocence — Principle of impartiality — Charter of Fundamental Rights — Evidence of the infringement — Single and continuous infringement — Restriction of competition ‘by object’ — Duration of the infringement — Fine — Exceptional adjustment of the basic amount — Obligation to state reasons — Proportionality — Equal treatment — Unlimited jurisdiction)
Case T-433/16: Judgment of the General Court of 28 March 2019 — Pometon v Commission (Competition — Agreements and concerted practices — European steel abrasives market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Chronologically staggered ‘hybrid’ procedure — Presumption of innocence — Principle of impartiality — Charter of Fundamental Rights — Evidence of the infringement — Single and continuous infringement — Restriction of competition ‘by object’ — Duration of the infringement — Fine — Exceptional adjustment of the basic amount — Obligation to state reasons — Proportionality — Equal treatment — Unlimited jurisdiction)
OJ C 164, 13.5.2019, p. 42–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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13.5.2019 |
EN |
Official Journal of the European Union |
C 164/42 |
Judgment of the General Court of 28 March 2019 — Pometon v Commission
(Case T-433/16) (1)
(Competition - Agreements and concerted practices - European steel abrasives market - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Price coordination throughout the EEA - Chronologically staggered ‘hybrid’ procedure - Presumption of innocence - Principle of impartiality - Charter of Fundamental Rights - Evidence of the infringement - Single and continuous infringement - Restriction of competition ‘by object’ - Duration of the infringement - Fine - Exceptional adjustment of the basic amount - Obligation to state reasons - Proportionality - Equal treatment - Unlimited jurisdiction)
(2019/C 164/43)
Language of the case: Italian
Parties
Applicant: Pometon SpA (Maerne di Martellago, Italy) (represented by: E. Fabrizi, V. Veneziano and A. Molinaro, lawyers)
Defendant: European Commission (represented by: P. Rossi and B. Mongin, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Commission Decision C(2016) 3121 final of 25 May 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39792 — Steel Abrasives).
Operative part of the judgment
The Court:
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1. |
Annuls Article 2 of Commission Decision C(2016) 3121 final of 25 May 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39792 — Steel Abrasives); |
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2. |
Sets the amount of the fine imposed on Pometon SpA at EUR 3 873 375; |
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3. |
Dismisses the action as to the remainder; |
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4. |
Orders each party to bear its own costs. |