CASE COMMENTS: CARTELS – FRANCE – SETTLEMENT ONLY BY THE SUBSIDIARY

Fines: The Paris Court of Appeal rules that a fine imposed jointly and severally to a mother company for the infringement of its subsidiary may be different than and superior to the one its subsidiary has to pay, when the latter has, during the administrative proceeding, settled with the French competition authority (Mobilitas)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Even if it were at the heart of this case, the question of the imputability of the infringing conduct of a subsidiary to its parent company will not attract our attention in the present columns, since the solutions provided remain classic as regards the legal duality and activities of the companies in question, the conditions of the capital presumption, the elements which do not allow it to be reversed and the intensity of the obligation to state reasons incumbent on the Competition Authority in this respect. In short, the Paris Court of Appeal will have declined, in the application of Article L. 420-1 of the Commercial Code, the generous jurisprudence of

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Fines: The Paris Court of Appeal rules that a fine imposed jointly and severally to a mother company for the infringement of its subsidiary may be different than and superior to the one its subsidiary has to pay, when the latter has, during the administrative proceeding, settled with the French competition authority (Mobilitas) , 19 May 2016, Concurrences Nº 3-2016, Art. N° 80807, pp. 63-65

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