The Higher Regional Court of Munich dismisses compensation claims of a parent company from its former subsidiary because of its participation in a cartel (Calciumcarbid)

In its judgement of 9 February 2012, the Higher Regional Court of Munich confirmed the decision of Regional Court of Munich of 13 July 2011, and dismissed the plaintiff's appeal. Together with two other companies, the plaintiff was considered as one economic unit and was held jointly and severally liable for a participation in a cartel by the European Commission and claimed compensation from these two companies. The case is being appealed [1]. Facts The plaintiff used to be the parent company of the legal predecessor of the defendant A. Since 22 April 2004, the employees of defendant A participated in a cartel on the market for calcium carbide and since 14 July 2005, on the market for magnesium granulate, respectively. On 30 August 2004, the plaintiff sold the shares in the

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  • Gleiss Lutz (Frankfurt)

Quotation

Wolfgang Bosch, The Higher Regional Court of Munich dismisses compensation claims of a parent company from its former subsidiary because of its participation in a cartel (Calciumcarbid), 9 February 2012, e-Competitions Bulletin February 2012, Art. N° 48593

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