ALERT: ANTI-COMPETITIVE PRACTICE - PRESUMPTION OF DECISIVE INFLUENCE EXERCISED BY THE PARENT COMPANY OVER ITS SUBSIDIARY - LIABILITY OF THE PARENT COMPANY ARISING SOLELY FROM THE UNLAWFUL CONDUCT OF ITS SUBSIDIARY - FINE - AMOUNT
Attributability of the unlawful conduct of a subsidiary to the parent company: The Court of Justice of the European Union reminds the Tribunal that a parent company whose liability is entirely derivative from that of its subsidiary must, in principle, benefit from any reduction in the liability of its subsidiary which had been imputed to it (Total)
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CJEU, 17 September 2015, Case C-597/13 (Total)
By judgment of 17 September 2015 in Case C-597/13 (Total SA v European Commission)The Court of Justice of the European Union reminded the Court of First Instance of the European Union that, where certain procedural conditions are met, a parent company whose liability is entirely derived from that of its subsidiary must, in principle, benefit from a possible reduction in the liability of its subsidiary which has been imputed to it (pt. 42). In so doing, he makes it clear that it is for the Court of First Instance - and not the Commission, as Advocate General Nils Wahl argued in his Opinion - to determine whether
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