The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat stabilisers cartel)

Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and, in fact, has exercised such influence. The underlying logic of attributing liability to the parent company is based on the fact that, under EU competition law, the concept of single undertaking is not limited to a legal person, but covers an entity engaged in an economic activity. Where the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Van Bael & Bellis (Brussels)

Quotation

Richard Burton, The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat stabilisers cartel), 21 December 2016, e-Competitions Bulletin December 2016, Art. N° 83530

Visites 113

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues