The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz)

Irish subsidiary companies should be aware that they may be ordered to pay fines or compensation as a result of a parent company breaching competition law, and corporate groups should take this risk into account in the design of intra-group operations and competition law compliance programmes. We explain below the latest EU Court development of this principle, known as ‘bottom-up liability’. On 15 April 2021, Advocate General Pitruzzella issued an opinion on a

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Kate McKenna, Mollie Barlow, The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz), 15 April 2021, e-Competitions April 2021, Art. N° 101075

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