CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - IMPUTABILITY OF THE INFRINGEMENT OF THE SUBSIDIARY TO ITS MOTHER COMPANY – REDUCTION OF THE FINE
Imputability of the infringement : The Court of Justice of the European Union rules that provided that certain procedural conditions are met, the reduction of the amount of the fine of the subsidiary shall, in principle, also be granted to its mother company, as far as its liability is entirely derived from that of its subsidiary (Total)
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"This dark light that falls from the stars at last with the flow makes us see thirty sails". In EU competition law, would mother-subsidiary relations be like those vessels of Don Rodrigue?
Admittedly, it is now settled case-law that a parent company may be held jointly and severally liable for the fine imposed on its subsidiary for the latter's infringing conduct. However, may that parent company be ordered to pay a fine in excess of the fine imposed on its subsidiary for the latter's infringing conduct? This question, which has arisen acutely in a series of cases brought before the Court of First Instance and the Court of Justice in recent years, was at the
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