The EU Court of Justice issues preliminary ruling on liability for anti-competitive behaviour by employees and outside contractors (VM Remonts)

Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not* In its recent VM Remonts judgment, the Court of Justice of the EU has confirmed the strict liability of companies for the anti-competitive behaviour of their employees, even if the employee was acting contrary to instructions of senior management. The Court also clarified under which conditions a company can be liable for the anti-competitive conduct of its outside contractors or third-party service providers, which include when the company “could reasonably have foreseen” the conduct and “was prepared to accept the risk”. As discussed below, companies should therefore seek advice on how to secure antitrust compliance as part of an employee’s employment

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Christopher Thomas, Gianni De Stefano, Dina Jubrail, The EU Court of Justice issues preliminary ruling on liability for anti-competitive behaviour by employees and outside contractors (VM Remonts), 21 July 2016, e-Competitions Bulletin July 2016, Art. N° 80656

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