ArcelorMittal Luxembourg has lodged an appeal against the decision by the Court of First Instance in March to uphold the European Commission’s decision the company (at the time known as ARBED) had operated a cartel in the market for steel beams. ArcelorMittal Luxembourg was fined €10 million in 2006 after the Commission concluded that it, along with a number of a number of other steel companies and their trade association, had colluded to fix prices, share markets and exchange confidential information.
It is understood that the appeal is based partly on an argument that the five-year limitation period for the Commission to bring enforcement action has expired. It was for this reason that the CFI decided that the Commission’s decision that two subsidiaries of ArcelorMittal Luxembourg could not be held accountable for their part in the cartel, which ended in 1990. The company is also reported to be appealing on the grounds that some parts of the Commission’s decision were erroneously determined in connection with parts of the European Coal and Steel Treaty after its expiry in 2002.