ALERT: ANTI-COMPETITIVE PRACTICE - MARKET SHARING - PRICE FIXING - IMPUTATION TO A PARENT COMPANY OF ITS SUBSIDIARY’S UNLAWFUL CONDUCT - DECISIVE INFLUENCE - JOINT CONTROL BY TWO PARENT COMPANIES

Decisive influence of the parent company: The Court of Justice of the European Union validates the General Court’s approach as to the imputation to a leading electronics manufacturer of the unlawful conduct of a subsidiary jointly held with a competitor (Toshiba)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 18 January 2017, the Court of Justice of the European Union delivered a judgment in Case C-623/15 (Toshiba Corp. v. Commission). Dismissing Toshiba's appeal in its entirety, the Court of Justice of the European Union validates the approach adopted by the Court of First Instance, following the Commission, concerning the imputability to the parent company Toshiba for the conduct of the joint subsidiary which it held jointly with Panasonic. Not only is the evidential method used approved, but the practical implementation of that method by the Court of First Instance in the present case is validated. It will be recalled that on 9 September 2015, the Court

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Decisive influence of the parent company: The Court of Justice of the European Union validates the General Court’s approach as to the imputation to a leading electronics manufacturer of the unlawful conduct of a subsidiary jointly held with a competitor (Toshiba), 18 January 2017, Concurrences N° 2-2017, Art. N° 84086, www.concurrences.com

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