Tag Archives: Parental liability

Reform of German Competition Law

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: Merger control: Introduction of a new “size of transaction”-threshold Sanctions for antitrust law infringements: Rules of liability aligned to EU concept, in particular with respect to “parental liability” Private enforcement: Implementation of EU Cartel … Continue Reading

European General Court Confirms Parental Liability For Competition Law Infringements by 50:50 Joint Ventures

by Philip Bentley QC and Philipp Werner The European General Court (GC) has confirmed a European Commission decision to hold chemical companies EI du Pont de Nemours and Dow Chemical jointly and severally liable for a fine imposed on their 50:50 joint venture (JV) for an infringement of European competition law (EI du Pont de … Continue Reading

ECJ Gets Tough with The Commission on Parental Liability

by Martina Maier and Philipp Werner In Elf Aquitaine SA v Commission, the European Court of Justice ruled on 29 September 2011 that Elf Aquitaine was not jointly and severally liable as a parent company for the involvement of its wholly owned subsidiary in the cartel for monochloroaecetic acid.  Taken with a number of recent … Continue Reading

Parents Are Liable for Their Children: Presumption of Parental Liability Under EU Antitrust Law

by Philip Bentley QC, Philipp Werner and Christoph Voelk Under EU antitrust law, parent companies are presumed liable for antitrust infringement of their wholly owned subsidiaries.  While this presumption is rebuttable, it is unclear what a company must do to rebut it successfully.  The recent Air Liquide judgment of the General Court of the European … Continue Reading

Brussels Brief – February, 2011: Parental Liability – Another Piece in the Puzzle

by Andrea L. Hamilton and Wilko van Weert A recent Decision of the European Court of Justice shows once more that it is still next to impossible for a parent company to rebut the presumption of liability for its subsidiary’s conduct. Nevertheless, companies with subsidiaries operating in the EU would be well-served to consider reinforcing their … Continue Reading
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