The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)

In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction having concluded that the EC and GC had violated the duty to state reasons and the principle of equal treatment when calculating Pometon's fine. Importantly, the CJEU also provided guidance on the rights of defense that apply to a company that chooses not to settle with the EC in a situation where other companies involved in the same cartel proceedings do reach a settlement agreement (such cases are commonly referred to as "hybrid settlement" cases). In particular, the CJEU indicated the

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Authors

  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)

Quotation

Daniel Vowden, Adrian Brown, The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon), 18 March 2021, e-Competitions March 2021, Art. N° 101608

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