FOREWORD: CIVIL LIABILITY - MOTHER COMPANY - SUBSIDIARY

Civil liability of mother companies due to subsidiaries’ breaches of competition rules: The voice of silence

The editorial deals with the question of the responsibility of parent companies with respect to breaches of competition rules by their subsidiaries. However the responsibility regime of parent companies is significantly different from that governing the application of competition rules in accordance with "public action". It raises the question of how to deal with the difference between "civil" law and "competition" law as well as of the extent of the amendments introduced by the new French and European legislative texts.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Just as the joint and several liability of parent companies for the fines imposed on their subsidiaries in the context of public enforcement has for several years occupied an eminent place in doctrine as well as in internal and European case law, so their civil liability in the context of private enforcement actions for damages caused by these offences seems to be neglected if not ignored [1]. Strangely, no provision expressly refers to it, either in the law of 17 March 2014 (known as the "Hamon law"), specifically in its provisions on group action in matters of competition, or in the future directive, the text of which was adopted by the European

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Robert Saint-Esteben, Civil liability of mother companies due to subsidiaries’ breaches of competition rules: The voice of silence, September 2014, Concurrences N° 3-2014, Art. N° 67245, pp. 5-7

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