CASE COMMENTS: PROCEDURE – EUROPEAN UNION – FINE – DEFAULT INTEREST – JOINT AND SEVERAL LIABILITY OF PARENT COMPANY AND SUBSIDIARY

Single economic entity: The Court of Justice of the European Union confirms that the liability of the parent company for payment of the fine cannot exceed that of its subsidiary (Total and Elf Aquitaine)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In this case, the Court had the opportunity to rule on the extent of a parent company's liability for the offending acts of its subsidiary. In its decision on methacrylates, the Commission fined not only the subsidiary which had initiated the practices, but also its parent companies. As they did not take part in the cartel, the joint and several liability of the parent companies was purely derived from that of the subsidiary, to the exclusion of all other factors. Before any action was brought,

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Alexandre Lacresse, Single economic entity: The Court of Justice of the European Union confirms that the liability of the parent company for payment of the fine cannot exceed that of its subsidiary (Total and Elf Aquitaine), 19 January 2017, Concurrences N° 2-2017, Art. N° 83892, pp. 151-152

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