A German Court of appeal confirms that the EU concept of an "economic unit" does not apply under German law but rather the principle of legal personality (Silostellgebühren II)

The judgment of 17 December 2012 of the Higher Regional Court Düsseldorf ("Court") deals with the interpretation of Sect. 81(4) Act against Restraints of Competition ("ARC"), which is the statutory basis for the German Federal Cartel Office ("FCO") to issue a fine for antitrust infringements. [1] The judgment further explains that Regulation No 1/2003 in itself does not empower national competition authorities ("NCA") to issue fines. Facts In the underlying case, the FCO had fined company A (active in the production and supply of dry plastering material) that was subsequently merged into company B (active in the same business). The question at hand was whether company B was liable for the fine imposed on company A. The Court denied such liability both under German and EU law

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Jens Peter Schmidt, A German Court of appeal confirms that the EU concept of an "economic unit" does not apply under German law but rather the principle of legal personality (Silostellgebühren II), 17 December 2012, e-Competitions December 2012, Art. N° 57264

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