The EU Court of Justice upholds General Court ruling finding that reduction in subsidiary’s fine also applies to parent company where appeals have common object (Pegler, Tomkins)

On 22 January 2013, the Court of Justice of the EU (“ECJ”) ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the subsidiary’s parent, provided that the subsidiary’s and parent’s appeals before the EU courts have the same object (and even if this reduction goes beyond the scope of the parent company’s pleas). The ECJ’s judgment concerns appeals arising from the Commission’s decision in the copper fittings cartel case. In its decision of 20 September 2006, the Commission fined several companies for their participation in a cartel between 31 December 1988

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  • Van Bael & Bellis (Brussels)

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Richard Burton, The EU Court of Justice upholds General Court ruling finding that reduction in subsidiary’s fine also applies to parent company where appeals have common object (Pegler, Tomkins), 22 January 2013, e-Competitions Bulletin January 2013, Art. N° 56791

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