The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)

Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, one of the most important cases in private enforcement of competition law of the last years. For those of you that are new to the case, the facts are as follows. On 24 October 2019, the Audiencia Provincial de Barcelona (APB) faced a claim for damages by Sumal against Mercedes Benz Trucks España, a subsidiary of the German company Daimler AG to whom the European Commission’s (EC) infringement decision in the Trucks cartel was not addressed. Under the single economic entity doctrine, parent

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Álvaro López Usatorre, The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España), 6 October 2021, e-Competitions October 2021, Art. N° 104185

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