The EU Court of Justice broadens the scope of the presumption of decisive influence for parent companies over wrongdoing subsidiaries for a case dealing with a cartel in the submarine power cables industry (Goldman Sachs)

Under EU competition law, a parent company is liable for the anti-competitive conducts put in place by its subsidiaries on which it has a decisive influence. To establish this factor the European Commission (EC) can rely on a rebuttable legal presumption whereby a parent company that wholly owns its subsidiary is presumed to actually exercise decisive influence over the market conduct of the latter. As clarified by the Court of Justice of the EU (CJEU) in Azko Nobel [1], for the EC to attribute to a parent company competition liability for the anti-competitive conducts of its subsidiaries, it is sufficient to demonstrate that the parent company owns all or almost all the shares of subsidiaries. In this case the EC is not required to prove that the parent company exercised a decisive

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Michele Giannino, The EU Court of Justice broadens the scope of the presumption of decisive influence for parent companies over wrongdoing subsidiaries for a case dealing with a cartel in the submarine power cables industry (Goldman Sachs), 27 January 2021, e-Competitions January 2021, Art. N° 99480

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