The EU Court of Justice confirms that the maximum 10 per cent fine applies to non-infringing parent companies based exclusively on the subsidiary’s turnover in a cartel operating on the market for zips and other fasteners (YKK)

CJEU RULES MAXIMUM CARTEL FINE APPLIES ONLY TO INFRINGING SUBSIDIARY TURNOVER AND REDUCES FINE BY €17 MILLION* On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on the basis of the turnover of that subsidiary, and not the parent company, if and to the extent that the infringement occurred during the period prior to the acquisition of the subsidiary by the parent company.

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Authors

  • McDermott Will & Emery (Brussels)
  • Norton Rose Fulbright (Brussels)

Quotation

Philip Bentley, Wilko Van Weert, The EU Court of Justice confirms that the maximum 10 per cent fine applies to non-infringing parent companies based exclusively on the subsidiary’s turnover in a cartel operating on the market for zips and other fasteners (YKK), 4 September 2014, e-Competitions September 2014, Art. N° 92778

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