CASE COMMENTS : ANTICOMPETITIVE AGREEMENT – LIABILITY OF THE PARENT COMPANY – UNLAWFUL CONDUCT OF ITS SUBSIDIARY – ‘NE ULTRA PETITA’ – EFFECT OF THE REDUCTION OF THE FINE IMPOSED ON THE SUBSIDIARY

Liability of the parent company: The Court of Justice upholds the Tribunal ruling that reduced the fine imposed on Tomkins on the ground of the reduction of the fine imposed on its subsidiary (Tomkins)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 22 January 2013, Commission v Tomkins plc, Case C-286/11 P Appeal brought by the Commission against the judgment of the General Court of 24 March 2011 inCase T-382/06 Tomkins v Commission [2011] ECR II-1157, p. 153.), the Court, sitting as a Grand Chamber, dismisses all five pleas in law raised by the Commission and upholds that judgment. In essence, the Court concludes that, in the circumstances of the case, the Court of First Instance was entitled to allow Tomkins to benefit from the reduction in the amount of the fine imposed on its wholly-owned subsidiary, Pegler, as ordered by the Court of First Instance in CaseT-386/06 Pegler v Commission

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  • European Court of Justice (Luxembourg)

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Cyril Sarrazin, Liability of the parent company: The Court of Justice upholds the Tribunal ruling that reduced the fine imposed on Tomkins on the ground of the reduction of the fine imposed on its subsidiary (Tomkins), May 2013, Concurrences N° 2-2013, Art. N° 52249, p. 66

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