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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)
ECLI:EU:UNKNOWN:62016TA0433
62016TA0433
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13.5.2019
Official Journal of the European Union
C 164/42
(Case T-433/16) (<span class="super note-tag">1</span>)
(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.
(<span class="note"> <a id="ntr1-C_2019164EN.01004201-E0001" href="#ntc1-C_2019164EN.01004201-E0001">*1</a> </span>) OJ C 371, 10.10.2016.