The EU Court of Justice establishes in a long-awaited ruling conditions under which the victim of a competition law infringement may seek compensation from a subsidiary of the perpetrator (Sumal / Mercedes Benz Trucks España)

On 6 October 2021, the European Court of Justice (“ECJ”) sitting in Grand Chamber clarified the notion of “undertaking” for the purposes of EU competition law in a long-awaited ruling (Case C-882/19, Sumal). The judgment establishes the possibility for the victim of a competition law infringement to bring a claim against the subsidiary of the perpetrator, provided that a number of conditions are satisfied. The reference for a preliminary ruling in Sumal involved an action for follow-on damages to recover an alleged additional cost related to the acquisition of trucks caused by an