ALERTS: GENERAL – EUROPEAN UNION – SPAIN – RESPONSABILITY – GROUP – INDIVIDUAL – PRIVATE ENFORCMENT

Responsability : The Court of Justice of the European Union relies on the concept of economic unity and accepts the existence of a “top-down” responsibility of the affiliate for the practices committed by the holding company (Sumal / Mercedes Benz Trucks España)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 6 October 2021, the Court of Justice of the European Union handed down a judgment - which is likely to cause a stir - in case C-882/19 (Sumal, S.L.)which follows a request for a preliminary ruling from the Barcelona Court of Appeal. Undoubtedly in line with the trend towards making it easier for victims of anti-competitive practices to obtain damages, the Court ruled that the victim of competitive damage must be able to claim compensation from the subsidiary established in its Member State for the damage caused to it by the conduct of the parent company, which is the only one to be penalised by the Commission, provided that the subsidiary and the parent

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Responsability : The Court of Justice of the European Union relies on the concept of economic unity and accepts the existence of a “top-down” responsibility of the affiliate for the practices committed by the holding company (Sumal / Mercedes Benz Trucks España), 6 October 2021, Concurrences N° 3-2021, Art. N° 103225, www.concurrences.com

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