The EU General Court confirms that successor liability for EU competition law infringements may only exceptionally be based on economic continuity (Coveris Rigid France)

In December 2018, the EU General Court (the “General Court”) dismissed the action for annulment lodged by Coveris Rigid France (“Coveris”) against a decision of the European Commission (the “Commission”) that held Coveris liable for its participation in the retail food packaging cartel. The judgment rejects Coveris’ submission that, instead of Coveris itself, the Commission should have held Coveris’ economic successor liable for the infringement. It confirms and further clarifies the interaction between the two principles governing successor liability for EU competition law infringements – personal liability and economic continuity –, and applies those principles to the scenario of an asset transfer. Background to the case Successor liability issues arise where an entity involved in an EU

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Daniel Vasbeck, The EU General Court confirms that successor liability for EU competition law infringements may only exceptionally be based on economic continuity (Coveris Rigid France), 6 December 2018, e-Competitions Bulletin January 2019, Art. N° 88817

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