CASE COMMENTS: CARTELS – EUROPEAN UNION – RIGHT TO BE HEARD IN CAMERA – FORMER PARENT COMPANY

Influence: The Court of Justice of the European Union rules that the right to be heard in camera cannot be exercised if it jeopardizes the rights of defence of a third party, and that the allegation that a former parent company did continue to exercise a decisive influence on its former subsidiary is insufficient to reverse the capitalistic presumption that triggers the parental liability (SKW Sthal Metallurgie et SKW Sthal Metallurgie Holding)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 16 June 2016, the EU Court of Justice delivered two judgments in the case of the calcium carbide and magnesium carbide reagent cartel. The first judgment, discussed above, deals with the consequences of a subsidiary's failure to comply with express instructions given by the parent company not to participate in anti-competitive practices and the imputability of the infringement to the parent company, and the second judgment (Case C-105/01) deals with the consequences of a subsidiary's failure to comply with express instructions given by the parent company not to participate in anti-competitive practices and the imputability of the infringement to the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Michel Debroux, Influence: The Court of Justice of the European Union rules that the right to be heard in camera cannot be exercised if it jeopardizes the rights of defence of a third party, and that the allegation that a former parent company did continue to exercise a decisive influence on its former subsidiary is insufficient to reverse the capitalistic presumption that triggers the parental liability (SKW Sthal Metallurgie et SKW Sthal Metallurgie Holding), 16 June 2016, Concurrences Nº 3-2016, Art. N° 80803, pp. 58-59

Visites 311

All reviews