CASE COMMENTS: ANTICOMPETITIVE PRACTICES – ARTICLE 101 TFEU – FINES – CALCULATION – LIABILITY OF THE PARENT COMPANY – SPANISH MARKET FOR THE PURCHASE AND FIRST PROCESSING OF RAW TOBACCO: xyzANTICOMPETITIVE PRACTICES – ARTICLE 101 TFEU – FINES – CALCULATION – LIABILITY OF THE PARENT COMPANY – SPANISH MARKET FOR THE PURCHASE AND FIRST PROCESSING OF RAW TOBACCO
Fines – Liability of the parent company: The General Court partially confirms a contested decision and expressly declares that the parent company shall only be liable for the period of the infringement during which the parent company and the subsidiary constituted an undertaking in the Spanish raw tobacco case (Agroexpansión and Alliance One International)
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Trib. EU, 12 October 2011, Agroexpansión v Commission, Case T-38/05, "Raw Tobacco - Spain".
Trib. EU, 12 October 2011, Alliance One International v. Commission, Case T-41/05, "Raw Tobacco - Spain".
On 12 October 2011, the General Court delivered two judgments concerning the actions brought by Agroexpansión SA (Case T-38/05) and by its parent company Alliance One International Inc (T-41/05), seeking partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 (Case COM/C.38.281/B2 - Raw Tobacco - Spain) or, in the alternative, a reduction of the fine imposed on them.
It should be recalled that these two judgments follow a first series of
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