CASE COMMENT : ANTICOMPETITIVE PRACTICES - SUBSIDIARY - INDIRECT COMPANY’S OWNERSHIP - PRESUMPTION OF LIABILITY

Subsidiary : The ECJ holds that presumption of liability arising from a company’s ownership (even indirect) of all the capital of a subsidiary applies (General Química, Repsol Química, Repsol)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A company involved in a cartel case was a wholly owned subsidiary of a corporation, itself a wholly owned subsidiary of the parent company. The Commission had jointly and severally sanctioned these three companies, thereby holding the parent company liable for the illegal behaviour of a subsidiary which it did not directly own. The Court of First Instance of the European Union had dismissed the action for annulment of the Commission's decision on the grounds that "the presumption of liability arising from a company's ownership of the entire capital of another company applies not only in cases where there is a direct relationship between the parent company

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Marie Koehler de Montblanc, Subsidiary : The ECJ holds that presumption of liability arising from a company’s ownership (even indirect) of all the capital of a subsidiary applies (General Química, Repsol Química, Repsol), 20 January 2011, Concurrences N° 4-2010, Art. N° 34923, www.concurrences.com

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