Case C- 440/19 Pometon SpA v Commission (steel abrasives) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Case C- 440/19 Pometon SpA v Commission (steel abrasives) [Archived]
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Case C- 440/19 Pometon SpA v Commission (steel abrasives) [Archived]

CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 18 March 2021; it is no longer maintained.

See further, timeline and related cases.

Case facts

OutlineAn appeal to the Court of Justice against the General Court’s judgment in Case T- 433/16 which partially annulled an action for annulment of the Commission’s decision in the steel abrasives cartel (AT.39792).

Latest development On 18 March 2021, the Court of Justice issued its judgment in which it agreed with Advocate General Hogan by partially upholding the appeal in so far as the General Court breached the principle of equal treatment in calculating the fine imposed on Pometon SpA. The Court of Justice reduced the fine to €2.6m.

PartiesAppellant:

• Pometon SpA (Pometon)

• Defendant:

European Commission

Market(s)Steel abrasives.

Steel abrasives are loose steel particles that are used to clean or enhance metal surfaces in the steel, automotive, metallurgy and petrochemicals industries. They are also used for cutting hard stones, eg granite and marble.

The main material for steel abrasives is metal scrap.
BackgroundCommission investigation

The Commission’s investigation started in June 2010 when dawn raids were carried out. This was prompted by a leniency application by one producer, Ervin, which revealed the existence of the cartel to the Commission.

On 2 April 2014, the Commission issued its

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