The German Federal Court of Justice applies a case-by-case analysis in order to decide on the internal liability between joint and several debtors of a fine imposed by the European Commission (Calcium Carbide)

I. The Facts The claimant seeks reimbursement from the two defendants for a fine imposed by the European Commission on all three companies for allegedly infringing European competition law rules. In 2009, the European Commission fined several suppliers of calcium carbide and magnesium granulates for anti-competitive behaviour between 2004 and 2007 (COMP/39.396). In line with its decision-making practice, the European Commission held several groups of companies jointly and severally liable for the infringement because the parent companies had exercised decisive influence on the conduct of their subsidiaries. Among the undertakings that were fined by the European Commission were the three parties of the present case that were held jointly and severally liable for a fine of about EUR

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Authors

  • Hogan Lovells (Munich)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Christian Ritz, Ilka Mauelshagen, The German Federal Court of Justice applies a case-by-case analysis in order to decide on the internal liability between joint and several debtors of a fine imposed by the European Commission (Calcium Carbide), 18 November 2014, e-Competitions Bulletin November 2014, Art. N° 57265

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