The EU Court of Justice upholds parental liability in acrylic glass and sodium chlorate cartel cases (Elf Aquitaine, Arkema, Total)

In two recent orders, the European Court of Justice (“ECJ”) has reaffirmed the principles governing the liability of parent companies for the conduct of their wholly-owned subsidiaries, as established in Akzo Nobel. In the first order issued on 2 February 2012, the ECJ dismissed an appeal by Elf Aquitaine against an earlier judgment by the General Court upholding fines totalling € 59 million imposed by the European Commission jointly and severally on Elf Aquitaine and its subsidiary Arkema France in connection with the latter’s involvement in the sodium chlorate cartel. In its June 2008 decision, the Commission had fined four groups of sodium chlorate

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  • Van Bael & Bellis (Brussels)

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Richard Burton, The EU Court of Justice upholds parental liability in acrylic glass and sodium chlorate cartel cases (Elf Aquitaine, Arkema, Total), 2 February 2012, e-Competitions Bulletin February 2012, Art. N° 58383

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