CELEX: 62016TA0433
Language: en
Date: 2019-03-28 00:00:00
Title: 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)

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:
      
                  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);
                  
               
            
                  2.
               
               
                  
                     Sets the amount of the fine imposed on Pometon SpA at EUR 3 873 375;
                  
               
            
                  3.
               
               
                  
                     Dismisses the action as to the remainder;
                  
               
            
                  4.
               
               
                  
                     Orders each party to bear its own costs.
                  
               
            
         (1)  OJ C 371, 10.10.2016.