The EU Court of Justice rules that a parent company may be held liable for infringement by its subsidiary in which it holds an 80% indirect shareholding (Fresh Del Monte)

ECJ confirms that Del Monte is liable for a single and continuous infringement of competition law for bilateral information exchanges between its subsidiary Weichert and Dole. On 24 June 2015, the Court of Justice of the European Union (ECJ) dismissed an appeal by Fresh Del Monte Produce Inc. (Del Monte) against the fines imposed upon it as a parent company and upheld an appeal by the European Commission against the reduction in fine granted to its subsidiary by the General Court. The cartel On 15 October 2008, the Commission fined Dole, Chiquita and Del Monte (together with its subsidiary, Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG (Weichert)) a total of €60.3m for participating in a banana cartel. The Commission found that the cartel members coordinated the

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  • Simmons & Simmons (London)
  • Simmons & Simmons (London)

Quotation

Tony Woodgate, Ajit Kainth, The EU Court of Justice rules that a parent company may be held liable for infringement by its subsidiary in which it holds an 80% indirect shareholding (Fresh Del Monte), 24 June 2015, e-Competitions June 2015, Art. N° 77254

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