CASE COMMENT : ANTICOMPETITIVE PRACTICES - GROUP OF UNDERTAKINGS - PARENT COMPANY - SUBSIDIARY - IMPUTABILITY OF INFRINGEMENTS

Group of undertakings : The ECJ holds that where a parent company has a 100% shareholding in its subsidiary, there is a rebuttable presumption that the parent company is responsible of the infringement of competition rules by its subsidiary (Akzo Nobel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 10 September 2009, Akzo Nobel, Case C 97/08P. Facts Akzo nobel's subsidiaries, which are directly or indirectly wholly owned by the parent company of the group, have participated in anti-competitive price-fixing and market-sharing agreements in the choline chloride sector. Having established these infringements, the Commission issued a decision on 9 December 2004 [1], based on the market share of all the companies in the group and fining them jointly and severally EUR 20.99 million. Akzo Nobel's subsidiaries challenged the EUR 20.99 million fine before the Court of First Instance of the European Communities and [2]then before the Court of Justice

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Dominique Ferré, Group of undertakings : The ECJ holds that where a parent company has a 100% shareholding in its subsidiary, there is a rebuttable presumption that the parent company is responsible of the infringement of competition rules by its subsidiary (Akzo Nobel), 10 September 2009, Concurrences N° 4-2009, Art. N° 29677, www.concurrences.com

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