CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - PRESUMPTION OF LIABILITY OF THE PARENT COMPANY – EXCESSIVE DURATION OF THE PROCEDURE – LENIENCY
Presumption of liability: The Court of Justice of the EU dismisses the appeal formed by a parent company looking to annul the decision of the General Court establishing its responsibility for the actions committed by a subsidiary (FLS Plast)
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The FLS Plast judgment of the Court of 19 June 2014 is in line with the appeals already decided by the Court in the industrial bags case (Commission decision in Case 38.354 of 30 November 2005). In particular, this judgment provides an opportunity for the Court to further develop its case law on the imputability to a parent company of anti-competitive practices by a subsidiary, and to confirm its Groupe Gascogne case law, which stems from the same industrial bags case, on the consequences of excessively lengthy proceedings before the Court of First Instance.
It will be briefly recalled that the industrial sacks case concerned a cartel between the main
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