ALERT : PROCEDURES - CARTEL – ATTRIBUTABILITY OF THE INFRINGEMENT – THE DOUBLE ENTRY METHOD
Attributability to the parent company of the subsidiary’s infringement : The ECJ confirms in the Spanish raw tobacco case the possibility for the Commission to apply the double entry method for the attributility of the subsidiary infringement to the parent company, provided it is pursued identically for any parent companies concerned (Alliance One International)
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CJEU, 26 September 2013, Judgment in Case C-679/11 (Alliance One International Inc. v. Commission)
On 26 September 2013, the Court of Justice of the European Union delivered two judgments in cases C-668/11 and C-679/11 concerning the cartel in the Spanish raw tobacco sector. The Court dismissed the main appeals brought by AOI (formerly Agroexpansión), a first processor of raw tobacco, which had been fined by the Commission on 20 October 2004. for its participation in a horizontal cartel concluded and implemented on the Spanish raw tobacco market by the processors and Deltafina, the main purchaser of that product on the Spanish market, against thejudgment of
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