Capital presumption : The Advocate General Paolo Mengozzi considers that although the fact that mother company’s instructions not to participate in a cartel, disrespected by a subsidiary, are an indication of a lack of an effective and determinant influence, their are not sufficient to reverse the capital presumption (Evonik Degussa, Alzchem)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Some might have pointed out that, with regard to the reversal of the capitalist presumption, "it is when you reach the goal that you are most likely to miss it". In the present case, the applicants have never been so close to it ... Indeed, the main issue in this case is whether the capital presumption can be rebutted in 'a case where it is proved that a wholly owned subsidiary which was about to be divested participated in a