CASE COMMENTS: CARTELS – EUROPEAN UNION - LIABILITY – UNDERTAKING – ECONOMIC CONTINUITY

Economic continuity: The Court of Justice of the European Union extends to actions for damages the application of the principle of economic continuity and, in that way, its practical interpretation of the notion of undertaking (Vantaan kaupunki)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The principle of economic continuity, which has been the source of much litigation, makes it possible, in substance, to attribute an offence to a company that has not committed any material act but holds the assets related to the offence (see, for a summary of the case law on this point, Trib. EU, 6 December 2018, Coveris, Case T-531/15, EU:T:2018:885.). While this principle is certainly discussed, the Court has nevertheless constantly confirmed its application in public enforcement by means of a functional interpretation of the concept of undertaking. Should the same be true in private enforcement? In its answers to the questions put by the

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Economic continuity: The Court of Justice of the European Union extends to actions for damages the application of the principle of economic continuity and, in that way, its practical interpretation of the notion of undertaking (Vantaan kaupunki), 14 March 2019, Concurrences N° 2-2019, Art. N° 90129, pp. 68-69

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