Analysis: “Between settlement and infringement: the Court of Justice rules on ‘hybrid procedure’ in Pometon case” by Alexandr Svetlicinii

A ‘hybrid procedure’ refers to a situation when the Commission is conducting settlement discussions with the parties pursuant to Article 10a of Regulation 773/2004 as amended by Regulation 622/2008, in parallel with the infringement proceedings pursuant to Article 7 of Regulation 1/2003. In 2013, following the launch of the Commission’s investigation into the steel abrasives cartel, five companies including Pometon engaged in settlement discussions. Subsequently, Pometon decided to withdraw from the settlement procedure. The Commission concluded its investigation and found Pometon liable for infringement of Article 101 TFEU (Case AT.39792 – Steel Abrasives) and imposed a fine of 6,197,000 euros.

Pometon challenged the Commission’s