CASE COMMENTS: ANTICOMPETITIVE PRACTICES – FINES – IMPUTABILITY – PARENT-SUBSIDIARY RELATIONSHIP – OBLIGATION TO STATE REASONS

Imputability - Obligation to state reasons: The General Court annuls the Commission decision in so far as it concerns the mother company for breach of the obligation to state reasons (Koninklijke Grolsch)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 15 September 2011, Koninklijke Grolsch v Commission, Case T-234/07, "Dutch Beer Market". This case is a further illustration of the developments in case law that have emerged in recent months, both in the Court of First Instance and in the Court of Justice, concerning the imputability of anti-competitive practices by a subsidiary to its parent company. This development seems to be summed up as follows: where the parent company did not participate directly in the infringement but where the allegation is based solely on the presumption that the subsidiary has a majority shareholding in its capital, the Court of First Instance and the Court of

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  • Rizom Legal (Paris)

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Michel Debroux, Imputability - Obligation to state reasons: The General Court annuls the Commission decision in so far as it concerns the mother company for breach of the obligation to state reasons (Koninklijke Grolsch), 15 September 2011, Concurrences N° 4-2011, Art. N° 39934, p. 95

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