CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - LIABILITY OF A PARENT COMPANY FOR THE INFRINGEMENT COMMITTED BY ITS SUBSIDIARY – CONTROL AND ACTUAL EXERCISE OF DECISIVE INFLUENCE

Imputability : The General Court of the European Union annuls a Commission’s decision in so far as it did not establish the actual exercise of decisive influence by two parent companies on the subsidiary directly involved in the infringement (Sasol)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A marvellous illustration of the difficulty, for the jurist, to overcome the fluctuating capital entanglement of companies, the case law on the imputability to the parent company of the infringement committed by its subsidiary or subsidiaries has nevertheless known its moments of clarity: the Sasol and Others v. Commission judgment is one of them. The Court of First Instance, before which the contested decision was brought, in relation to participation in cartels on the same markets as those examined under the commentary on the judgment in Esso Société anonyme française and Others v Commission, had first of all to untangle the web of companies more or less

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Jean-Philippe Christienne, Imputability : The General Court of the European Union annuls a Commission’s decision in so far as it did not establish the actual exercise of decisive influence by two parent companies on the subsidiary directly involved in the infringement (Sasol), 11 July 2014, Concurrences N° 4-2014, Art. N° 69850, pp. 122-125

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