The EU General Court confirms that competition liability may only exceptionally be attributed by the criterion of economic continuity (Coveris Rigid France)

Adjudicating an appeal lodged by a cartelist that then divested its business in the Coveris case [1], the General Court of the EU (GC) held that the European Commission correctly grounded the competition liability of the appellant on the general principle of personal liability instead of the criterion of economic continuity. The facts of the case The appellant, Coveris Rigid France Sas (CRF), was one of the undertakings that were found by the Commission to have implemented a cartel affecting several national markets of EU Member States for the production of polystyrene trays [2]. Along with its then parent company Huhtamäki Oyj (HO), CRF was liable for the portion of cartel concerning the French market over the September 2004/November 2005 period. Accordingly, the Commission levied a

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Michele Giannino, The EU General Court confirms that competition liability may only exceptionally be attributed by the criterion of economic continuity (Coveris Rigid France), 6 December 2018, e-Competitions Bulletin January 2019, Art. N° 88701

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