The German Federal Court of Justice holds that compensation claims of a parent company from its subsidiary because of its participation in a cartel is possible under certain conditions (Calcium carbide)

In its judgement of 18 November 2014, the Federal Court of Justice (hereafter referred to as the “Court”) allowed the plaintiff’s appeal on points of law against the decision of the Higher Regional Court of Munich of 9 February 2012. The Court held that, subject to certain conditions, a parent company is entitled to claim compensation from its subsidiary in case both companies were held jointly and severally liable for the payment of a fine issued for participation in a cartel by the European Commission. The Court referred the case back to the Higher Regional Court of Munich for further clarifications of the facts. 1. Facts The Plaintiff used to be the parent company of an investment vehicle (hereafter referred to as “Defendant A”) which in August 2004 acquired all shares in a company

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Christoph Krüger, The German Federal Court of Justice holds that compensation claims of a parent company from its subsidiary because of its participation in a cartel is possible under certain conditions (Calcium carbide), 18 November 2014, e-Competitions Bulletin November 2014, Art. N° 72022

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