German Federal Court of Justice confirms legislative gap with regard to legal successor’s liability for cartel infringements (Versicherungsfusion)

In its decision of 10 August 2011, the German Federal Court of Justice ("FCJ") held that a full legal successor (‘Gesamtrechtsnachfolger’) should only be liable for an infringement of competition law committed by the organ of its legal predecessor if from an economic perspective both entities are identical. Consequently, a company might be able to escape from an administrative fine if it succeeds to systematically restructure its organisation in this regard. Proceedings The German Federal Cartel Office ("FCO") had fined Gerling Konzern Versicherung AG ("GKA"), as well as several other insurance companies, for its participation in an anti competitive agreement on the insurance market in 2005 [1]. Members of the board and senior managers of GKA had participated in anticompetitive

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  • Commeo (Frankfurt)

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Isabel Oest, German Federal Court of Justice confirms legislative gap with regard to legal successor’s liability for cartel infringements (Versicherungsfusion), 10 August 2011, e-Competitions August 2011, Art. N° 45897

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