ALERT: ANTI-COMPETITIVE PRACTICE - PRICE-FIXING - RE-ADOPTION OF A DECISION - FAILURE TO ISSUE A NEW STATEMENT OF OBJECTIONS - LACK OF A HEARING - RIGHTS OF DEFENCE

Infringement of an essential procedural requirement: The Court of justice of the European Union observes that participants to the concrete reinforcing bars cartel have been denied their right to an oral hearing in the procedure for re-adoption of the initial decision and sets aside the General court’s judgement and annuls the Commission’s decision in the matter (Feralpi et al.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 21 September 2017, the Court of Justice of the European Union delivered four judgments in the same terms in the following cases C-85/15 (Feralpi Holding SpA v European Commission), C-86/15 and C-87/15 (Ferriera Valsabbia SpA and others), C-88/15 (Ferriere Nord SpA) and C-89/15 (Riva Fire SpA). Noting that the undertakings penalised in the concrete reinforcing bars cartel case had, when the Commission readopted the initial annulled decision, been deprived of their right to be heard on the substance of the case in the presence of the representatives of the Member States, the Court of Justice of the European Union annuls not only the judgments delivered by

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Infringement of an essential procedural requirement: The Court of justice of the European Union observes that participants to the concrete reinforcing bars cartel have been denied their right to an oral hearing in the procedure for re-adoption of the initial decision and sets aside the General court’s judgement and annuls the Commission’s decision in the matter (Feralpi et al.), 21 September 2017, Concurrences N° 4-2017, Art. N° 85291, www.concurrences.com

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