ALERT: ANTI-COMPETITIVE PRACTICE - LIABILITY OF A PARENT COMPANY FOR INFRINGEMENTS COMMITTED BY ITS SUBSIDIARIES - DECISIVE INFLUENCE EXERCISED BY THE PARENT COMPANY OVER ITS SUBSIDIARY - REBUTTABLE PRESUMPTION

Liability of a parent company for infringements committed by its subsidiaries: The Court of Justice of the European Union confirms that the fact that a subsidiary does not comply with an instruction given by its parent company is not sufficient, by itself, to establish the absence of actual exercise of decisive influence by the parent over the subsidiary (Evonik Degussa/AlzChem/SKW Stahl-Metallurgie)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 16 June 2016, the Court of Justice of the European Union delivered two judgments concerning one aspect of the cartel of calcium carbide and magnesium reagents. We remember that on July 22, 2009In a previous case, the Commission imposed a fine of more than €61 million on suppliers of calcium carbide and magnesium-based reagents to the steel and gas industries for participating, from 7 April 2004 to 16 January 2007, in a single and continuous infringement involving market sharing, fixing of quotas, allocation of customers, price fixing and exchange of sensitive commercial information concerning prices, customers and sales volumes in the EEA,

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Liability of a parent company for infringements committed by its subsidiaries: The Court of Justice of the European Union confirms that the fact that a subsidiary does not comply with an instruction given by its parent company is not sufficient, by itself, to establish the absence of actual exercise of decisive influence by the parent over the subsidiary (Evonik Degussa/AlzChem/SKW Stahl-Metallurgie), 16 June 2016, Concurrences Nº 3-2016, Art. N° 81119, www.concurrences.com

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