CASE COMMENTS: PROCEDURES – EUROPEAN UNION – STATEMENT OF OBJECTIONS – RIGHTS OF DEFENCE – JOINT VENTURE

Statement of objections: The Court of Justice of the European Union upholds the European Commission’s procedural choice to address the statement of objections only to the parent companies and not to their joint venture (LG Electronics et Koninklijke Philips Electronics)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the present case, the applicants had in 2001 combined their cathode ray tube production activities in a joint subsidiary. However, in 2012, the Commission sanctioned a cartel on the market for cathode ray tubes for television sets and computer screens. Considering that the subsidiary was in bankruptcy proceedings, the Commission had then made the procedural choice to address the Statement of Objections only to its parent companies. This case raised an unprecedented question concerning the respect of the rights of the defence in the event of imputation of the actions of a subsidiary to its parent company. The applicants argued in this case that their

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Alexandre Lacresse, Statement of objections: The Court of Justice of the European Union upholds the European Commission’s procedural choice to address the statement of objections only to the parent companies and not to their joint venture (LG Electronics et Koninklijke Philips Electronics), 14 September 2017, Concurrences N° 4-2017, Art. N° 85186, pp. 153-154

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