ALERT: ANTI-COMPETITIVE PRACTICE - IMPUTATION TO A PARENT COMPANY OF ITS SUBSIDIARY’S UNLAWFUL CONDUCT - DEFAULT INTEREST

Imputation to a parent company of the unlawful conduct of its subsidiary : The Court of Justice of the European Union confirms that the Commission cannot demand payment by the parent companies of default interest when it paid the full amount of the fine in due time (Total)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 19 January 2017, the Court of Justice of the European Union delivered a judgment in Case C-351/15 (European Commission v Total SA and Elf Aquitaine SA). Drawing all the consequences of the situation found in the present case, in which the liability of the parent company was purely derived from that of its subsidiary, the Court confirms that the Commission cannot impose the payment of any default interest where the undertakings penalised have paid the amount of their fine within the period prescribed by the Commission. It will be recalled that in a judgment delivered on 29 April 2015 in Case T-470/11 (Total SA & Elf Aquitaine SA v Commission), the

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Imputation to a parent company of the unlawful conduct of its subsidiary : The Court of Justice of the European Union confirms that the Commission cannot demand payment by the parent companies of default interest when it paid the full amount of the fine in due time (Total), 19 January 2017, Concurrences N° 2-2017, Art. N° 84088, www.concurrences.com

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