CASE COMMENTS: CARTELS - EUROPEAN UNION - CARTELS - UNDERTAKING - IMPUTATION OF THE INFRINGEMENT - JOINT AND SEVERAL LIABILITY

Joint liability: The Court of Justice of the European Union has once again dismissed the appeals against the judgments of the Court of First Instance in the case of the electricity cable cartel and refuses to make the joint and several condemnation of a parent company and its former subsidiary conditional on the payment of a fine on the insolvency of the latter (Pirelli)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Since the first major judgments, in the 1970s, the courts, now of the Union, have not ceased to outline, through a functional interpretation of the concept of undertaking, the contours of a system that is forever unprecedented in anti-competitive practice law of the liability of parent companies for the infringing conduct of their subsidiaries: the lack of autonomy of subsidiaries requires that the infringement be imputed to their parent company. Subsidiaries have constantly denounced this. The judgment in Pirelli is a further illustration of this. For the purposes of these columns, it should be recalled schematically that, as the parent company, Pirelli

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Joint liability: The Court of Justice of the European Union has once again dismissed the appeals against the judgments of the Court of First Instance in the case of the electricity cable cartel and refuses to make the joint and several condemnation of a parent company and its former subsidiary conditional on the payment of a fine on the insolvency of the latter (Pirelli), 28 October 2020, Concurrences N° 1-2021, Art. N° 99110, pp. 115-116

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