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Subsidiaries Cartels

K&L Gates LLP

The Sumal Case or the Liability of Subsidiaries

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On 6 October 2021, the Court of Justice of the European Union (CJEU or the Court) issued a judgment in case C-882/19 following a request for a preliminary ruling by the Court of Appeal of Barcelona (the Referring Court). ...more

Kramer Levin Naftalis & Frankel LLP

Cartels — Presumption of Decisive Influence by the Parent Company on Its Subsidiaries and Solidarity for the Payment of the...

On Oct. 28, 2020, the European Court of Justice ruled on one of the aspects of the proceedings relating to the power cable cartel, for which the main European, Japanese and South Korean manufacturers were fined a total of...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018 Edition: EU General Court: Financial Investors Liable for Anticompetitive Conduct of...

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The General Court of the European Union recently held, in Goldman Sachs v. Commission, that purely financial investors such as investment funds may be held jointly and severally liable for competition law violations...more

K&L Gates LLP

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

K&L Gates LLP on

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

McDermott Will & Emery

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

McDermott Will & Emery on

On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

Foley & Lardner LLP

Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities

Foley & Lardner LLP on

Antitrust laws, like the Sherman Act, protect American markets from anticompetitive practices. But, under the Foreign Trade Antitrust Improvements Act (FTAIA), American antitrust laws only reach foreign conduct in specific...more

McDermott Will & Emery

Joint and Several Liability For Antitrust Fines: Parent Company Can Benefit From a Reduction in Its Subsidiary’s Fine

McDermott Will & Emery on

A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is potentially good news for parent companies. Where both a parent company and its...more

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