CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - AGENCY CONTRACT – IMPUTATION OF THE BEHAVIOUR OF THE AGENT TO THE PRINCIPAL
Fine reduction : The General Court of the European Union recalls the conditions of imputability to the principal of an agent’s competition infringement but reduces a disproportionate fine (Voestalpine)
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Would trust preclude control? Following the judgment of the Court of First Instance of 15 July 2015 in Case T-418/10, it seems that, under EU competition law, such a question must be answered in the negative, at least as regards the relationship between a company and its commercial agent.
In the present case, the applicants, Austria Draht, a subsidiary of Voestalpine, were jointly and severally punished for participating in a cartel on the prestressing steel market, in particular for their participation in one of the regional cartel agreements in Italy. In determining the subsidiary's liability, the Commission had considered that the company had participated
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