The EU Court of justice recalls that where the liability of the parent company is purely derivative of that of its subsidiary the liability of the parent company may not exceed that of its subsidiary (Methacrylates 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 has, in fact exercised such influence. However, where the liability of the parent company is purely derived from that of its subsidiary, the liability of the parent company may not exceed that of its subsidiary.

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  • Van Bael & Bellis (Brussels)

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Richard Burton, The EU Court of justice recalls that where the liability of the parent company is purely derivative of that of its subsidiary the liability of the parent company may not exceed that of its subsidiary (Methacrylates cartel), 19 January 2017, e-Competitions Bulletin January 2017, Art. N° 83531

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