The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)

Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (its parent company) formed a single undertaking and were therefore jointly and severally liable for damages resulting from the participation of the latter in the Gas Insulated Switchgear (‘GIS’) cartel. [1] This national application of the Skanska-logic is interesting. However, the case is even more noticeable for the attribution of liability to a subsidiary for its parent’s conduct based on the ‘undertaking’ concept. This highlights an ambiguity in EU law, namely the questions regarding the constitution of an

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  • Leiden University - Faculty of Governance and Global Affairs

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David van Wamel, The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel), 26 November 2019, e-Competitions November 2019, Art. N° 93257

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