CASE COMMENTS : ANTICOMPETITIVE AGREEMENT – IMPUTABILITY – PARENT – SUBSIDIARY RELATIONSHIP – PRESUMPTION OF DECISIVE INFLUENCE
Presumption of decisive influence: The Court of Justice rejects the appeal and rules that the rebuttable presumption of decisive influence of the parent company on its subsidiaries does not breach the right to a fair trial (Eni)
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Appeal brought by Eni SpA against the judgmentof the Court of First Instance of 13 July 2011 in Case T-371/01 Eni v Commission (Case T-39/07), the Court of Justice of the European Union rejects the two pleas in law raised in its support. The Court also had before it a cross-appeal brought by the Commission, which it also dismissed. For the purposes of this column, only the appellant's appeal will be considered.
As regards the first plea in law, the appellant submits, in essence, that the Court of First Instance should have annulled the contested decision in so far as, by holding it liable for the infringement committed by Syndial and/or Versalis, its
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