CASE COMMENTS: CARTELS - FRANCE - LIABILITY OF A MOTHER COMPANY FOR THE INFRINGEMENT OF ITS DAUGHTER COMPANY - CAPITAL PRESUMPTION - FINE FOR THE MOTHER COMPANY HIGHER THAN THE FINE OF THE DAUGHTER COMPANY - NO CONTEST OF OBJECTION PROCEDURE ONLY BY THE DAUGHTER COMPANY

Liability of a mother company for the infringement of its daughter company: The French commercial Supreme Court confirms the Paris Court of appeal appraisal of the lack of autonomy of a daughter company and approves a higher fine for the mother company than the fine of the daughter company which did not contest the objections (Mobilitas)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. It will be recalled that, in a decision in the military removals sector in Martinique, the Competition Authority found that various companies, including AGS Martinique, had participated in an infringement, and imposed a fine of EUR 142 600 on AGS Martinique and a fine of EUR 158 450 on its parent company Mobilitas, which held 99,6 % of its capital, including EUR 142 600 jointly and severally with its subsidiary, the differentiated amount of the fine being explained by the fact that the subsidiary, but not the parent company, had benefited from a reduction under the then applicable procedure for failure to contest the objections, which it alone

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  • European Court of Justice (Luxembourg)

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Ludovic Bernardeau, Liability of a mother company for the infringement of its daughter company: The French commercial Supreme Court confirms the Paris Court of appeal appraisal of the lack of autonomy of a daughter company and approves a higher fine for the mother company than the fine of the daughter company which did not contest the objections (Mobilitas), 18 October 2017, Concurrences N° 1-2018, Art. N° 85817, p. 82

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