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.

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(1)  OJ C 371, 10.10.2016.